Case: Fenico v. City of Philadelphia

2:20-cv-03336 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: July 8, 2020

Case Ongoing

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Case Summary

This case is about whether the City of Philadelphia’s decision to take disciplinary action against city police officers for using Facebook to openly denigrate various minority groups and glorify the use of violence constituted impermissible First Amendment retaliation. The plaintiffs were a group of twelve current and former Philadelphia Police Officers who were terminated, suspended, and/or disciplined after an online database aggregated and published highly offensive Facebook posts that they …

The plaintiffs were a group of twelve current and former Philadelphia Police Officers who were terminated, suspended, and/or disciplined after an online database aggregated and published highly offensive Facebook posts that they and other officers nationwide had authored. After learning of the posts, the Philadelphia Police Department (the “Department”) launched an investigation and took action against the officers, in many cases finding their online activity had violated the Department’s Code of Conduct. Specifically, the officers were charged with violating at least one of the following policies:

Conduct Unbecoming: “Any incident, conduct, or course of conduct which indicates that an employee has little or no regard for his/her responsibility as a member of the Police Department.”
Neglect of Duty: “Failure to comply with any Police Commissioner’s orders, directives, memorandums, or regulations; or any oral or written orders of superiors.”
Social Media and Networking: Prohibits the use of ethnic slurs, personal insults, profanity, material that is harassing, defamatory, fraudulent, or content that would otherwise not be acceptable in a City workplace, and puts officers on notice that “personal use of social media has the potential to impact the department as a whole, as well as individual members serving in their official capacity.”

The officers filed their complaint on July 8, 2020 in the U.S. District Court for the Eastern District of Pennsylvania. The case was assigned to Judge Petrese Tucker. The officers filed an amended complaint on October 7, 2020. In the amended complaint, the officers alleged that the Department’s decision to take the adversary actions was retaliatory in nature and based on the officers’ personal exercise of their protected free speech activity. Additionally, the officers claimed that their due process rights were violated, as the Department’s Code of Conduct policies were allegedly vague and overbroad, as applied to the officers’ exercise of their free speech rights. The plaintiffs, averring First and Fourteenth Amendment violations, brought their claims under 42 U.S.C. § 1983 and Pennsylvania state law. Represented by private counsel, the officers sought declaratory relief, nominal damages, compensatory damages of $2 million per person, and the payment of attorneys’ fees.

On November 2, 2020, the City of Philadelphia moved to dismiss the lawsuit for failure to state a claim. Plaintiffs filed their response in opposition to the motion on November 25, 2020. Judge Tucker granted the City’s motion on January 26, 2022, and dismissed the complaint with prejudice.

In her opinion, Judge Tucker first noted that plaintiffs’ First Amendment claim failed because the officers failed to show that their right to free speech outweighed the government's interest in regulating that speech. Specifically, Judge Tucker pointed to the following governmental interests that justified the disciplinary action: (1) promoting efficiency, (2) mitigating the public’s perception of excessive police force, (3) preserving citizens’ due process rights and rights to assemble, and (4) discouraging ethnic and religious animus. Additionally, Judge Tucker held that plaintiffs’ did not properly allege a state law claim, as the Pennsylvania Constitution “contains no provision, express or implied, which creates a private right of action for violations of an individual’s right to free speech.” Finally, plaintiffs’ Fourteenth Amendment claim was denied because the Code of Conduct policies were “not vague as applied to [the officers’] conduct.” 582 F. Supp. 3d. 229.

The officers issued a notice of appeal to the U.S. Court of Appeals for the Third Circuit on February 23, 2022. On appeal, plaintiffs only pursued their First Amendment retaliation claim. The case was assigned to Judges Felipe Restrepo, Theodore McKee, and D. Brooks Smith. Oral argument was held before the three-judge panel on December 14, 2022.

On June 8, 2023, the Third Circuit panel reversed and remanded the District Court’s decision. In an opinion authored by Judge Restrepo, the Third Circuit determined that the factual record was undeveloped, since it was not clear if certain posts were actually authored by the police officers. Additionally, it was also not clear which specific posts were used to justify the Department’s disciplinary actions. Finally, it was not yet clear from the record whether the posts were likely to cause disruption to the Department’s workplace, as many of the posts had been publicly visible for years. 70 F.4th 151.

Upon remand to the District Court, the case was reassigned to District Judge Gene E. K. Pratter. The parties turned to engaging in discovery. On May 1, 2024, the City filed a motion for protective order forbidding the deposition of Mayor James Kenney. The motion is currently pending.

The case is ongoing.

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Summary Authors

Muiz Wani (5/1/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17331235/parties/fenico-v-city-of-philadelphia/

Judge(s)

Attorney for Plaintiff

CASTRO, EMILY (Pennsylvania)

CRAIN, LARRY L. (Pennsylvania)

Attorney for Defendant

BYRNES, MEGHAN A. (Pennsylvania)

COYLE, JENNA M. (Pennsylvania)

Davis, Matthew H. (Pennsylvania)

Judge(s)

Pratter, Gene E.K. (Pennsylvania)

Attorney for Plaintiff

CASTRO, EMILY (Pennsylvania)

CRAIN, LARRY L. (Pennsylvania)

Esq., Jonathan J.

Esq., Emily Castro,

Esq., Larry L.

SOBEL, JONATHAN J. (Pennsylvania)

Attorney for Defendant

BYRNES, MEGHAN A. (Pennsylvania)

COYLE, JENNA M. (Pennsylvania)

Davis, Matthew H. (Pennsylvania)

Esq., Frank E.

Esq., Meghan Byrnes,

ISTVAN, JANE LOVITCH (Pennsylvania)

JACKAL, BENJAMIN T. (Pennsylvania)

KANE, ANNE E. (Pennsylvania)

LOSCALZO, THERESA E. (Pennsylvania)

RHODES, BRIAN MATTHEW (Pennsylvania)

Small, Jack Michael (Pennsylvania)

SMITH, DAVID (Pennsylvania)

WEHR, FRANK E. (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:20-cv-03336	Complaint	July 8, 2020	July 8, 2020 Complaint
5 2:20-cv-03336	Praecipe to Supplement / Attach Appendix to Plaintiffs’ Complaint	July 22, 2020	July 22, 2020 Pleading / Motion / Brief
12 2:20-cv-03336	Amended Complaint	Oct. 7, 2020	Oct. 7, 2020 Complaint
12-1 2:20-cv-03336	Subject: Social Media and Networking	Oct. 7, 2020	Oct. 7, 2020 Other
27 2:20-cv-03336	Memorandum	Jan. 26, 2022	Jan. 26, 2022 Order/Opinion 582 F.Supp.3d 229
28 2:20-cv-03336	Order	Jan. 26, 2022	Jan. 26, 2022 Order/Opinion
45 22-01326	Opinion of the Court U.S. Court of Appeals for the Third Circuit	June 8, 2023	June 8, 2023 Order/Opinion 70 F.4th 151

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Resources

Title	Description		External URL Date / External URL
Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim JDSUPRA	On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment…	June 22, 2023	June 22, 2023 https://www.jdsupra.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17331235/fenico-v-city-of-philadelphia/

Last updated Aug. 10, 2025, 12:56 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0313-14406956.), filed by ANTHONY ANZIDEO, THOMAS YOUNG, EDWARD MCCAMMITT, TANYA GRANDIZO, JOSEPH PRZEPIORKA, KRISTINE AMATO, CHRISTIAN FENICO, ANTHONY ACQUAVIVA, THOMAS GACK. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Case Management Track Form)(SOBEL, JONATHAN) Modified on 7/8/2020 (fb). (Attachment 2 replaced on 7/8/2020) (fb, ). (Entered: 07/08/2020) 1 Civil Cover Sheet View on PACER 2 Designation Form View on PACER 3 Case Management Track Form View on PACER	July 8, 2020	July 8, 2020 Clearinghouse
2	MOTION for Pro Hac Vice of Larry L. Crain, Esquire ( Filing fee $ 40 receipt number 0313-14407081.) filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG.Application and Certificate of Service.(SOBEL, JONATHAN) Modified on 7/8/2020 (fb). (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
3	MOTION for Pro Hac Vice of Emily Castro, Esquire ( Filing fee $ 40 receipt number 0313-14407103.) filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG.Application and Certificate of Service.(SOBEL, JONATHAN) Modified on 7/8/2020 (fb). (Entered: 07/08/2020)	July 8, 2020	July 8, 2020 PACER
	DEMAND for Trial by Jury by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG. (fb)	July 8, 2020	July 8, 2020 PACER
	Summons Issued as to CITY OF PHILADELPHIA. E-mailed to counsel on 7/9/20 (mbh, )	July 9, 2020	July 9, 2020 PACER
4	AFFIDAVIT of Service by Christopher J. Mullen re: served Summons, Complaint, Motion for PHV Larry L. Crain, Esq and PHV Motion Emily Castro, Esquire upon Joshua Feissner, Deputy City Solicitor by Personal on 07/14/2020 (SOBEL, JONATHAN) (Entered: 07/16/2020)	July 16, 2020	July 16, 2020 PACER
5	Praecipe to Attach Appendix to Plaintiff's Complaint by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG. (Attachments: # 1 Appendix to Plaintiff's Complaint, # 2 Appendix to Plaintiff's Complaint, # 3 Appendix to Plaintiff's Complaint, # 4 Appendix to Plaintiff's Complaint, # 5 Appendix to Plaintiff's Complaint, # 6 Appendix to Plaintiff's Complaint, # 7 Appendix to Plaintiff's Complaint, # 8 Appendix to Plaintiff's Complaint, # 9 Appendix to Plaintiff's Complaint)(SOBEL, JONATHAN) Modified on 7/23/2020 (fb). (Entered: 07/22/2020) 1 Appendix to Plaintiff's Complaint View on PACER 2 Appendix to Plaintiff's Complaint View on PACER 3 Appendix to Plaintiff's Complaint View on PACER 4 Appendix to Plaintiff's Complaint View on PACER 5 Appendix to Plaintiff's Complaint View on PACER 6 Appendix to Plaintiff's Complaint View on PACER 7 Appendix to Plaintiff's Complaint View on PACER 8 Appendix to Plaintiff's Complaint View on PACER 9 Appendix to Plaintiff's Complaint View on PACER	July 22, 2020	July 22, 2020 Clearinghouse
6	Stipulation for Extension of Time to File Response/Reply filed by CITY OF PHILADELPHIA, certificate of service. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (RHODES, BRIAN) Modified on 8/11/2020 (fb). (Entered: 08/10/2020)	Aug. 10, 2020	Aug. 10, 2020 PACER
7	NOTICE of Appearance by FRANK E. WEHR, II on behalf of CITY OF PHILADELPHIA with Certificate of Service(WEHR, FRANK) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020 RECAP
8	ORDER THAT CITY OF PHILADELPHIA SHALL ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT ON OR BEFORE 10/11/20; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/17/20. 8/18/20 ENTERED AND E-MAILED.(JL ) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020 PACER
9	ORDER THAT THE APPLICATION OF EMILY CASTRO TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/18/20. 8/18/20 ENTERED AND E-MAILED.(JL ) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020 PACER
10	ORDER THAT THE APPLICATION OF LARRY L. CRAIN TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/17/20. 8/18/20 ENTERED AND E-MAILED.(JL) (Entered: 08/18/2020)	Aug. 18, 2020	Aug. 18, 2020 PACER
11	MOTION to Amend/Correct Plaintiffs' Motion For Leave to File First Amended Complaint filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG.Plaintiffs' Motion for Leave to File First Amended Complaint. (Attachments: # 1 Complaint Plaintiffs' First Amended Complaint, # 2 Exhibit Exhibit A to Amended Complaint)(CRAIN, LARRY) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
12	AMENDED COMPLAINT First Amended Complaint against CITY OF PHILADELPHIA, filed by ANTHONY ANZIDEO, THOMAS YOUNG, EDWARD MCCAMMITT, TANYA GRANDIZO, JOSEPH PRZEPIORKA, KRISTINE AMATO, CHRISTIAN FENICO, ANTHONY ACQUAVIVA, THOMAS GACK. (Attachments: # 1 Exhibit Exhibit A to Amended Comaplaint)(CRAIN, LARRY) (Entered: 10/07/2020) 1 Exhibit Exhibit A to Amended Comaplaint View on RECAP	Oct. 7, 2020	Oct. 7, 2020 Clearinghouse
13	Proposed Order filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG. (FILED IN ERROR BY ATTORNEY; COPY FOWARDED TO JUDGE FOR APPROVAL). (CRAIN, LARRY) Modified on 10/8/2020 (fb). (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
14	NOTICE by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG re 12 Amended Complaint, (Attachments: # 1 Appendix Christian Fenico, # 2 Appendix Anthony Anzideo, # 3 Appendix Ed McCammitt, # 4 Appendix Francis Sheridan, # 5 Appendix Joseph Przepiorka 1, # 6 Appendix Joseph Przepiorka 2, # 7 Appendix Kristine Amato, # 8 Appendix Ray McGough, # 9 Appendix Tanya Grandizeo, # 10 Appendix Thomas Gack, # 11 Appendix Thomas Young, # 12 Appendix William Bowdren)(CRAIN, LARRY) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
15	STIPULATION TO EXTEND DEFENDANT'S TIME TO RESPOND TO AMENDED COMPLAINT by CITY OF PHILADELPHIA. (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL). (WEHR, FRANK) Modified on 10/22/2020 (fb). (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
16	MOTION for Leave to File Excess Pages filed by CITY OF PHILADELPHIA.Memorandum.(RHODES, BRIAN) (Entered: 10/23/2020)	Oct. 23, 2020	Oct. 23, 2020 RECAP
17	NOTICE of Appearance by MEGHAN A. BYRNES on behalf of CITY OF PHILADELPHIA (BYRNES, MEGHAN) (Entered: 11/02/2020)	Nov. 2, 2020	Nov. 2, 2020 PACER
18	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CITY OF PHILADELPHIA.Memorandum, certificate of service. (Attachments: # 1 Exhibit Buzzfeed Article, # 2 Exhibit PPD Directive 1.0)(RHODES, BRIAN) (Entered: 11/02/2020) 1 Exhibit Buzzfeed Article View on RECAP 2 Exhibit PPD Directive 1.0 View on PACER	Nov. 2, 2020	Nov. 2, 2020 RECAP
19	NOTICE by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, JOSEPH PRZEPIORKA, THOMAS YOUNG re 12 Amended Complaint, Notice of Filing Amended Appendix (Attachments: # 1 Appendix Christian Fenico, # 2 Appendix Thomas Gack, # 3 Appendix Ed McCammitt, # 4 Appendix Tanya Grandizio, # 5 Appendix Anthony Anzideo, # 6 Appendix Anthony Acquaviva, # 7 Appendix Kristine Amato, # 8 Appendix Joseph Przepiorka, # 9 Appendix Joseph Przepiorka, # 10 Appendix William Bowdren, # 11 Appendix Thomas Young, # 12 Appendix Ray McGough, # 13 Appendix Francis Sheridan)(CRAIN, LARRY) (Entered: 11/03/2020)	Nov. 3, 2020	Nov. 3, 2020 PACER
20	ORDER THAT THE DEFENDANT'S UNCONTESTED MOTION FOR LEAVE TO FILE MEMORANDA OF LAW IN EXCESS PAGE LIMIT IS GRANTED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/18/20.11/19/20 ENTERED AND E-MAILED.(JL ) (Entered: 11/19/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
21	ORDER THAT PLAINTIFFS' UNCONTESTED MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT IS GRANTED. THE COURT OF CLERK REFLECT THE ADDITIONAL DEFENDANTS IN THE FIRST AMENDED COMPLAINT IN THIS CASE DOCKET; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/18/20.11/19/20 ENTERED AND E-MAILED.(JL ) (Entered: 11/19/2020)	Nov. 18, 2020	Nov. 18, 2020 PACER
22	ORDER THAT PLAINTIFFS' MOTION TO AMEND/CORRECT PLAINTIFF'S MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT IS GRANTED. THE CLERK OF COURT REFLECT THE THREE ADDITIONAL PLAINTIFFS IN THE CASE DOCKET INCLUDING: WILLIAM BOWDREN; RAPHAEL MCGOUGH AND FRANCIS T. SHERIDAN; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 11/19/20. 11/19/20 ENTERED AND E-MAILED.(JL ) (Entered: 11/19/2020)	Nov. 19, 2020	Nov. 19, 2020 PACER
23	MOTION for Leave to File Excess Pages filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG.Plaintiffs' Motion for Leave to File Memoranda of Law in Excess of Page Limit.(CRAIN, LARRY) (Entered: 11/23/2020)	Nov. 23, 2020	Nov. 23, 2020 PACER
24	RESPONSE to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Memorandum of Law in Response to City of Philadelphia's Motion to Dismiss filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 11/25/2020)	Nov. 25, 2020	Nov. 25, 2020 PACER
25	ORDERED AND DECREED THAT DEFENDANT MAY FILE ITS REPLY BY DECEMBER 14, 2020. IT IS FURTHER ORDERED THAT PLAINTIFFS MOTION FOR LEAVE TO FILE EXCESS PAGES (ECF 23) IS DENIED AS MOOT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 12/7/20.12/7/20 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 12/07/2020)	Dec. 7, 2020	Dec. 7, 2020 PACER
	Set/Reset Deadlines as to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . REPLIES DUE BY 12/14/2020. (jaa, )	Dec. 7, 2020	Dec. 7, 2020 PACER
	Set Motion and R&R Deadlines/Hearings	Dec. 7, 2020	Dec. 7, 2020 PACER
26	REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 23 MOTION for Leave to File Excess Pages filed by CITY OF PHILADELPHIA. (RHODES, BRIAN) (Entered: 12/14/2020)	Dec. 14, 2020	Dec. 14, 2020 RECAP
27	MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/26/22. 1/26/22 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
28	ORDER THAT DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' AMENDED COMPLAINT IS GRANTED. PLAINTIFFS' AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE PETRESE B. TUCKER ON 1/26/22. 1/26/22 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 01/26/2022)	Jan. 26, 2022	Jan. 26, 2022 Clearinghouse
29	NOTICE OF APPEAL as to 28 Order (Memorandum and/or Opinion), by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. Filing fee $ 505, receipt number APAEDC-15745263. Copies to Judge, Clerk USCA, Appeals Clerk and (CRAIN, LARRY) (Entered: 02/23/2022)	Feb. 23, 2022	Feb. 23, 2022 PACER
30	Notice of Docketing Record on Appeal from USCA re 29 Notice of Appeal (Credit Card Payment), filed by ANTHONY ACQUAVIVA, WILLIAM BOWDREN, KRISTINE AMATO, THOMAS GACK, CHRISTIAN FENICO, ANTHONY ANZIDEO, TANYA GRANDIZO, THOMAS YOUNG, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN. USCA Case Number 22-1326 (mbh) (Entered: 02/25/2022)	Feb. 25, 2022	Feb. 25, 2022 PACER
31	ORDER of USCA as to 29 Notice of Appeal (Credit Card Payment), filed by ANTHONY ACQUAVIVA, WILLIAM BOWDREN, KRISTINE AMATO, THOMAS GACK, CHRISTIAN FENICO, ANTHONY ANZIDEO, TANYA GRANDIZO, THOMAS YOUNG, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN. ORDERED and ADJUDGED by this Court that the order of the said District Court entered on January 26, 2022, is hereby REVERSED and REMANDED for further proceedings. Each party shall bear its own costs. All of the above in accordance with the Opinion of this Court. (Attachments: # 1 Opinion) (mbh) (Entered: 06/30/2023)	June 30, 2023	June 30, 2023 PACER
32	ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE PETRESE B. TUCKER TO THE HONORABLE GENE E.K. PRATTER FOR FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 6/30/23. 6/30/23 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 06/30/2023)	June 30, 2023	June 30, 2023 PACER
33	NOTICE of Appearance by BENJAMIN T. JACKAL on behalf of CITY OF PHILADELPHIA with Certificate of Service(JACKAL, BENJAMIN) (Entered: 07/13/2023)	July 13, 2023	July 13, 2023 PACER
34	NOTICE of Hearing: STATUS CONFERENCE SET FOR 7/24/2023 02:00 PM IN Judge's Chambers BEFORE HONORABLE GENE E.K. PRATTER.(jaa, ) (Entered: 07/14/2023)	July 14, 2023	July 14, 2023 PACER
35	NOTICE of Hearing: STATUS CONFERENCE SET FOR 9/25/2023 04:00 PM IN Judge's Chambers BEFORE HONORABLE GENE E.K. PRATTER.(jaa, ) (Entered: 07/21/2023)	July 20, 2023	July 20, 2023 PACER
36	NOTICE: COUNSEL FOR THE PARTIES IN BOTH CASES SHALL APPEAR FOR A JOINT STATUS CONFERENCE ON 9/25/2023 AT 4:00 PM IN CHAMBERS BEFORE HONORABLE GENE E.K. PRATTER.(mbh) (Entered: 08/10/2023)	Aug. 9, 2023	Aug. 9, 2023 PACER
37	NOTICE by CITY OF PHILADELPHIA of Proposed Coordinated Pretrial Schedule (BYRNES, MEGHAN) (Entered: 09/20/2023)	Sept. 20, 2023	Sept. 20, 2023 PACER
38	Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER in Chambers. Status Conference held on 9/25/23. (mbh) (Entered: 09/26/2023)	Sept. 25, 2023	Sept. 25, 2023 PACER
39	Minute Entry for proceedings held before HONORABLE GENE E.K. PRATTER. Telephone Conference held on 9/28/23. (mbh) (Entered: 09/29/2023)	Sept. 28, 2023	Sept. 28, 2023 PACER
40	ORDER THAT EACH PARTY SHALL SUBMIT A PROPOSED SCHEDULE AND PLAN FOR DISCOVERY FOR THE ABOVE-CAPTIONED CASE ON OR BEFORE 10/20/23. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/13/23. 10/13/23 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 10/13/2023)	Oct. 13, 2023	Oct. 13, 2023 PACER
41	Discovery Plan by CITY OF PHILADELPHIA.(JACKAL, BENJAMIN) (Entered: 10/20/2023)	Oct. 20, 2023	Oct. 20, 2023 PACER
42	SCHEDULING ORDER: ALL DISCOVERY SHALL BE COMPLETED BY 3/22/24. ANY MOTIONS UNDER FEDERAL RULE OF EVIDENCE 702 SHALL BE FILED BY 5/10/24. ANY MOTION FOR SUMMARY JUDGMENT SHALL BE FILED BY 5/10/24. PLAINTIFFS' PRETRIAL MEMORANDA IS DUE 7/8/24. DEFENDANT'S PRETRIAL MEMORANDA IS DUE 7/8/24. A FINAL PRETRIAL CONFERENCE WILL BE HELD ON 7/11/24 AT 2:00 PM IN CHAMBERS. THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST ON 7/16/24. SIGNED BY HONORABLE GENE E.K. PRATTER ON 10/23/23. 10/23/23 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 10/23/2023)	Oct. 23, 2023	Oct. 23, 2023 PACER
43	NOTICE of Appearance by DAVID SMITH on behalf of CITY OF PHILADELPHIA (SMITH, DAVID) (Entered: 03/20/2024)	March 20, 2024	March 20, 2024 PACER
44	NOTICE of Appearance by THERESA E. LOSCALZO on behalf of CITY OF PHILADELPHIA (LOSCALZO, THERESA) (Entered: 03/20/2024)	March 20, 2024	March 20, 2024 PACER
45	AMENDED SCHEDULING ORDER: ALL DISCOVERY SHALL BE COMPLETED BY 5/6/24. ANY MOTION UNDER FEDERAL RULE OF EVIDENCE 702 SHALL BE FILED BY 6/24/24. ANY MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED BY 6/24/24. PLAINTIFFS SHALL FILE PRETRIAL MEMORANDA BY 8/22/24. DEFENDANT SHALL FILE PRETRIAL MEMORANDA BY 8/22/24. A FINAL PRETRIAL CONFERENCE WILL BE HELD WITH THE HONORABLE GENE E.K. PRATTER ON 9/11/24 AY 2:00 PM IN CHAMBERS. THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST O 9/16/24. SIGNED BY DISTRICT JUDGE GENE E.K. PRATTER ON 3/20/24. 3/21/24 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 03/21/2024)	March 20, 2024	March 20, 2024 PACER
46	NOTICE of Appearance by JENNA M. COYLE on behalf of CITY OF PHILADELPHIA (COYLE, JENNA) (Entered: 04/17/2024)	April 17, 2024	April 17, 2024 PACER
47	NOTICE of Appearance by Jack Michael Small on behalf of CITY OF PHILADELPHIA (Small, Jack) (Entered: 04/17/2024)	April 17, 2024	April 17, 2024 PACER
48	NOTICE of Appearance by Matthew H. Davis on behalf of CITY OF PHILADELPHIA (Davis, Matthew) (Entered: 04/19/2024)	April 19, 2024	April 19, 2024 PACER
49	MOTION for Protective Order Forbidding Deposition of Mayor James Kenney filed by CITY OF PHILADELPHIA.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A - Pltf Notice of Deposition, # 2 Exhibit B - Executive Order 5-17, # 3 Text of Proposed Order)(SMITH, DAVID) (Entered: 05/01/2024) 1 Exhibit A - Pltf Notice of Deposition View on PACER 2 Exhibit B - Executive Order 5-17 View on PACER 3 Text of Proposed Order View on PACER	May 1, 2024	May 1, 2024 PACER
51	Minute Entry for proceedings held before DISTRICT JUDGE KAREN S. MARSTON. Telephone Conference held on 5/3/24. (mbh) (Entered: 05/03/2024)	May 3, 2024	May 3, 2024 PACER
50	NOTICE of Appearance by ANNE E. KANE on behalf of CITY OF PHILADELPHIA (KANE, ANNE) (Entered: 05/03/2024)	May 3, 2024	May 3, 2024 PACER
	NOTICE of Hearing: TELEPHONE CONFERENCE IS SCHEDULED FOR 5/3/2024 AT 3:00 PM BEFORE DISTRICT JUDGE KAREN S. MARSTON.(mr)	May 3, 2024	May 3, 2024 PACER
	Notice of Hearing	May 3, 2024	May 3, 2024 PACER
52	ORDER THAT PLAINTIFFS SHALL FILE THEIR RESPONSIVE BRIEFING BY 5/16/24. SIGNED BY DISTRICT JUDGE KAREN S. MARSTON ON 5/3/24. 5/6/24 ENTERED AND COPIES E-MAILED. (mbh) (Entered: 05/06/2024)	May 6, 2024	May 6, 2024 PACER
53	AMENDED SCHEDULING ORDER: ALL DISCOVERY SHALL BE COMPLETED BY 6/28/24. ANY MOTION UNDER FEDERAL RULE OF EVIDENCE 702 SHALL BE FILED BY 8/12/24. ANY MOTION FOR SUMMARY JUDGMENT SHALL BE FILED BY 8/12/24. PLAINTIFFS' PRETRIAL MEMORANDA SHALL BE FILED BY 10/10/24. DEFENDANT'S PRETRIAL MEMORANDA SHALL BE FILED BY 10/10/24. A FINAL PRETRIAL CONFERENCE WILL BE HELD WITH THE HONORABLE GENE E.K. PRATTER ON 10/30/24 AT 2:00 PM IN CHAMBERS. THE CASE WILL BE PLACED ON THE COURT'S TRIAL POOL LIST ON 11/4/24. SIGNED BY DISTRICT JUDGE KAREN S. MARSTON ON 5/10/24. 5/13/24 ENTERED AND COPIES E-MAILED. (mbh) (Entered: 05/13/2024)	May 10, 2024	May 10, 2024 PACER
54	RESPONSE to Motion re 49 MOTION for Protective Order Forbidding Deposition of Mayor James Kenney filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 05/13/2024)	May 13, 2024	May 13, 2024 PACER
55	ORDER THAT CITY OF PHILADELPHIA'S MOTION FOR PROTECTIVE ORDER FORBIDDING DEPOSITION OF FORMER MAYOR JAMES KENNEY IS DENIED AS MOOT WITHOUT PREJUDICE. SIGNED BY DISTRICT JUDGE KAREN S. MARSTON ON 5/14/24. 5/15/24 ENTERED AND COPIES E-MAILED. (mbh) (Entered: 05/15/2024)	May 14, 2024	May 14, 2024 RECAP
56	ORDER THAT THIS CASE IS REASSIGNED FROM DISTRICT JUDGE GENE E.K. PRATTER TO DISTRICT JUDGE WENDY BEETLESTONE FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 5/21/24. 5/21/24 ENTERED AND COPIES E-MAILED.(jaa, ) (Entered: 05/21/2024)	May 21, 2024	May 21, 2024 RECAP
57	ORDER THAT THIS MATTER IS LISTED FOR A TRIAL DATE CERTAIN ON 11/4/2024 AT 9:00 AM BEFORE DISTRICT JUDGE WENDY BEETLESTONE IN COURTROOM 10A. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 5/22/24. 5/22/24 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 05/22/2024)	May 22, 2024	May 22, 2024 RECAP
58	ANSWER to 12 Amended Complaint, by CITY OF PHILADELPHIA.(SMITH, DAVID) (Entered: 06/28/2024)	June 28, 2024	June 28, 2024 PACER
59	MOTION for Leave to File MSJ and Supporting MOL in Excess of Page Limit filed by CITY OF PHILADELPHIA..(SMITH, DAVID) (Entered: 08/06/2024)	Aug. 6, 2024	Aug. 6, 2024 PACER
60	ORDER GRANTING 59 MOTION FOR LEAVE TO FILE BY DISTRICT JUDGE WENDY BEETLESTONE ON 08/08/2024.08/08/2024 ENTERED AND COPIES E-MAILED.(amw) (Entered: 08/08/2024)	Aug. 8, 2024	Aug. 8, 2024 PACER
	Order on Motion for Leave to File	Aug. 8, 2024	Aug. 8, 2024 PACER
61	STIPULATION Joint Stipulation and Proposed Order by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 08/09/2024)	Aug. 9, 2024	Aug. 9, 2024 PACER
71	EXHIBIT Joint Appendix - Part 8 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 2678-2721 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 2722-2789 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 2790-2806 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 2807-3305 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 3306-3655 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 2678-2721 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 2722-2789 to Motion for Summary Judgment (Docket 63) View on RECAP 3 Appendix Joint Appendix 2790-2806 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 2807-3305 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 3306-3655 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
70	EXHIBIT Joint Appendix - Part 7 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 2489-2533 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 2534-2570 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 2571-2583 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 2584-2598 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 2599-2610 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 2611-2623 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 2624-2638 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 2639-2650 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 2651-2664 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 2665-2677 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 2489-2533 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 2534-2570 to Motion for Summary Judgment (Docket 63) View on PACER 3 Appendix Joint Appendix 2571-2583 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 2584-2598 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 2599-2610 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 2611-2623 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 2624-2638 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 2639-2650 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 2651-2664 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 2665-2677 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
69	EXHIBIT Joint Appendix - Part 6 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 2220-2234 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 2235-2249 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 2250-2341 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 2342-2357 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 2358-2372 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 2373-2377 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 2378-2386 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 2387-2398 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 2399-2443 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 2444-2488 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 2220-2234 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 2235-2249 to Motion for Summary Judgment (Docket 63) View on PACER 3 Appendix Joint Appendix 2250-2341 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 2342-2357 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 2358-2372 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 2373-2377 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 2378-2386 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 2387-2398 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 2399-2443 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 2444-2488 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
68	EXHIBIT Joint Appendix - Part 5 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 1769-1827 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 1828-1841 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 1842-1929 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 1930-1944 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 1945-2043 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 2044-2061 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 2062-2075 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 2076-2190 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 2191-2206 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 2207-2219 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 1769-1827 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 1828-1841 to Motion for Summary Judgment (Docket 63) View on PACER 3 Appendix Joint Appendix 1842-1929 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 1930-1944 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 1945-2043 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 2044-2061 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 2062-2075 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 2076-2190 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 2191-2206 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 2207-2219 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
67	EXHIBIT Joint Appendix - Part 4 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 1514-1528 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 1529-1542 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 1543-1557 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 1558-1593 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 1594-1617 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 1618-1630 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 1631-1702 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 1703-1712 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 1713-1726 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 1727-1768 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024)	Aug. 12, 2024	Aug. 12, 2024 PACER
66	EXHIBIT Joint Appendix - Part 2 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 1094-1164 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 1165-1179 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 1180-1195 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 1196-1210 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 1211-1280 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 1281-1401 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 1402-1420 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 1421-1428 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 1429-1480 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 1481-1513 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 1094-1164 to Motion for Summary Judgment (Docket 63) View on RECAP 2 Appendix Joint Appendix 1165-1179 to Motion for Summary Judgment (Docket 63) View on RECAP 3 Appendix Joint Appendix 1180-1195 to Motion for Summary Judgment (Docket 63) View on RECAP 4 Appendix Joint Appendix 1196-1210 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 1211-1280 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 1281-1401 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 1402-1420 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 1421-1428 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 1429-1480 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 1481-1513 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
65	EXHIBIT Joint Appendix - Part 3 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 753-851 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 852-869 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 870-886 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 887-902 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 903-962 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 963-976 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 977-1042 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 1043-1060 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 1061-1078 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 1079-1093 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 753-851 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 852-869 to Motion for Summary Judgment (Docket 63) View on PACER 3 Appendix Joint Appendix 870-886 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 887-902 to Motion for Summary Judgment (Docket 63) View on RECAP 5 Appendix Joint Appendix 903-962 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 963-976 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 977-1042 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 1043-1060 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 1061-1078 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 1079-1093 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
64	EXHIBIT Joint Appendix - Part 1 to Motion for Summary Judgment - Docket 63 by CITY OF PHILADELPHIA.. (Attachments: # 1 Appendix Joint Appendix 1-169 to Motion for Summary Judgment (Docket 63), # 2 Appendix Joint Appendix 170-475 to Motion for Summary Judgment (Docket 63), # 3 Appendix Joint Appendix 476-488 to Motion for Summary Judgment (Docket 63), # 4 Appendix Joint Appendix 489-502 to Motion for Summary Judgment (Docket 63), # 5 Appendix Joint Appendix 503-588 to Motion for Summary Judgment (Docket 63), # 6 Appendix Joint Appendix 589-593 to Motion for Summary Judgment (Docket 63), # 7 Appendix Joint Appendix 594-602 to Motion for Summary Judgment (Docket 63), # 8 Appendix Joint Appendix 603-667 to Motion for Summary Judgment (Docket 63), # 9 Appendix Joint Appendix 668-702 to Motion for Summary Judgment (Docket 63), # 10 Appendix Joint Appendix 703-752 to Motion for Summary Judgment (Docket 63))(SMITH, DAVID) (Entered: 08/12/2024) 1 Appendix Joint Appendix 1-169 to Motion for Summary Judgment (Docket 63) View on PACER 2 Appendix Joint Appendix 170-475 to Motion for Summary Judgment (Docket 63) View on PACER 3 Appendix Joint Appendix 476-488 to Motion for Summary Judgment (Docket 63) View on PACER 4 Appendix Joint Appendix 489-502 to Motion for Summary Judgment (Docket 63) View on PACER 5 Appendix Joint Appendix 503-588 to Motion for Summary Judgment (Docket 63) View on PACER 6 Appendix Joint Appendix 589-593 to Motion for Summary Judgment (Docket 63) View on PACER 7 Appendix Joint Appendix 594-602 to Motion for Summary Judgment (Docket 63) View on PACER 8 Appendix Joint Appendix 603-667 to Motion for Summary Judgment (Docket 63) View on PACER 9 Appendix Joint Appendix 668-702 to Motion for Summary Judgment (Docket 63) View on PACER 10 Appendix Joint Appendix 703-752 to Motion for Summary Judgment (Docket 63) View on PACER	Aug. 12, 2024	Aug. 12, 2024 PACER
63	MOTION for Summary Judgment filed by CITY OF PHILADELPHIA.Memorandum. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Memorandum Memorandum in Support of Motion for Summary Judgment, # 3 Statement off Undisputed Facts)(SMITH, DAVID) (Entered: 08/12/2024)	Aug. 12, 2024	Aug. 12, 2024 PACER
62	NOTICE of Appearance by JANE LOVITCH ISTVAN on behalf of CITY OF PHILADELPHIA (ISTVAN, JANE) (Entered: 08/12/2024)	Aug. 12, 2024	Aug. 12, 2024 PACER
72	ORDER THAT THE DEADLINE FOR THE PLAINTIFFS TO FILE THEIR RESPONSE TO THE DEFENDANT, CITY OF PHILADELPHIA'S, MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO 9/9/24. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 8/19/24. 8/19/24 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 08/19/2024)	Aug. 19, 2024	Aug. 19, 2024 PACER
73	STIPULATION Joint Stipulation by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 08/28/2024)	Aug. 28, 2024	Aug. 28, 2024 PACER
74	STIPULATION AND ORDER THAT THE DEADLINE FOR THE PLAINTIFFS TO FILE THEIR RESPONSE TO THE DEFENDANT CITY OF PHILADELPHIA'S MOTION FOR SUMMARY JUDGMENT IS EXTENDED TO SEPTEMBER 16, 2024. THE DEFENDANT'S DEADLINE TO FILE ITS REPLY IS SEPTEMBER 30, 2024; AND THE DEADLINE FOR THE PARTIES TO MARK AND EXCHANGE ANY EXHIBITS REMAINS ON SEPTEMBER 30, 2024. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 9/4/24. 9/4/24 ENTERED AND COPIES E-MAILED.(er) (Entered: 09/04/2024)	Sept. 4, 2024	Sept. 4, 2024 PACER
	Set Motion and R&R Deadlines/Hearings	Sept. 4, 2024	Sept. 4, 2024 PACER
	Set/Reset Deadlines as to 63 MOTION for Summary Judgment . RESPONSES DUE BY 9/16/2024. REPLIES DUE BY 9/30/2024. (er)	Sept. 4, 2024	Sept. 4, 2024 PACER
75	Joint MOTION Regarding Scheduling filed by CITY OF PHILADELPHIA..(SMITH, DAVID) (Entered: 09/10/2024)	Sept. 10, 2024	Sept. 10, 2024 PACER
76	ORDER THAT THE JOINT MOTION REGARDING SCHEDULE IS GRANTED. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 9/18/24. 9/18/24 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 09/18/2024)	Sept. 18, 2024	Sept. 18, 2024 PACER
77	NOTICE of Hearing on Motion 63 MOTION for Summary Judgment : MOTION HEARING SET FOR 10/22/2024 10:00 AM IN Courtroom 10A BEFORE DISTRICT JUDGE WENDY BEETLESTONE.(amw) (Entered: 09/27/2024)	Sept. 27, 2024	Sept. 27, 2024 PACER
	Notice of Hearing on Motion	Sept. 27, 2024	Sept. 27, 2024 PACER
83	ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO FILE EXCESS PAGES IS GRANTED. SIGNED BY DISTRICT JUDGE WENDY BEETLESTONE ON 9/30/24.10/1/24 ENTERED AND COPIES E-MAILED.(mbh) (Entered: 10/01/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
82	Statement Plaintiffs' Counter Statement of Facts in Opposition to Defendant's Motion for Summary Judgment by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
81	Response Plaintiffs' Response to Defendant City of Philadelphia's Statement of Undisputed Material Facts by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
80	Exhibit List Plaintiffs' Supplemental Joint Appendix Index by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG.. (Attachments: # 1 Exhibit Plaintiffs' documents for Supplemental Joint Appendix Index)(CRAIN, LARRY) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
79	RESPONSE to Motion re 63 MOTION for Summary Judgment Plaintiffs' Combined Memorandum in Response to Defendant's Motion for Summary Judgment filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG. (CRAIN, LARRY) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
78	MOTION for Leave to File Excess Pages Plaintiffs' Motion for Leave to File a Response Brief to Defendant City of Philadelphia's Motion for Summary Judgment in Excess Page Limit filed by ANTHONY ACQUAVIVA, KRISTINE AMATO, ANTHONY ANZIDEO, WILLIAM BOWDREN, CHRISTIAN FENICO, THOMAS GACK, TANYA GRANDIZO, EDWARD MCCAMMITT, RAPHAEL MCGOUGH, JOSEPH PRZEPIORKA, FRANCIS T. SHERIDAN, THOMAS YOUNG..(CRAIN, LARRY) (Entered: 09/30/2024)	Sept. 30, 2024	Sept. 30, 2024 PACER
85	NOTICE OF STATUS TELECONFERENCE SET FOR FRIDAY, OCTOBER 4, 2024 AT 11:30 A.M. PLEASE SEE ATTACHED TELECONFERENCE INFORMATION SHEET FOR DIAL IN INFORMATION.(amw) (Entered: 10/02/2024)	Oct. 2, 2024	Oct. 2, 2024 PACER
84	NOTICE OF STATUS TELECONFERENCE SET FOR FRIDAY, OCTOBER 4, 2024 AT 11:30 A.M. PLEASE SEE ATTACHED TELECONFERENCE INFORMATION SHEET FOR DIAL IN INFORMATION. (amw) (Entered: 10/02/2024)	Oct. 2, 2024	Oct. 2, 2024 PACER
88	MOTION for Leave to File Excess Pages re Single Reply in Support of MSJ filed by CITY OF PHILADELPHIA..(SMITH, DAVID) (Entered: 10/03/2024)	Oct. 3, 2024	Oct. 3, 2024 PACER
	Notice (Other)	Oct. 3, 2024	Oct. 3, 2024 PACER
87	NOTICE re 85 Notice (Other) TELECONFERENCE RESET FOR MONDAY, OCTOBER 7, 2024 AT 3:30 P.M. PLEASE SEE PREVIOUS NOTICE FOR DIAL IN INFORMATION. (amw) (Entered: 10/03/2024)	Oct. 3, 2024	Oct. 3, 2024 PACER
86	Letter dated October 3, 2024 re status conference by CITY OF PHILADELPHIA. (SMITH, DAVID) (Entered: 10/03/2024)	Oct. 3, 2024	Oct. 3, 2024 PACER
89	ORDER GRANTING 88 MOTION FOR LEAVE TO FILE EXCESS PAGES BY DISTRICT JUDGE WENDY BEETLESTONE ON 10/04/2024.10/04/2024 ENTERED AND COPIES E-MAILED.(amw) (Entered: 10/04/2024)	Oct. 4, 2024	Oct. 4, 2024 PACER

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Case Details

State / Territory: Pennsylvania

Case Type(s):

Speech and Religious Freedom

Policing

Key Dates

Filing Date: July 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of twelve current and former Philadelphia Police Officers who were terminated, suspended, and/or disciplined by the Philadelphia Police Department after an online database aggregated and published highly offensive Facebook posts that they and other officers nationwide had authored.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Philadelphia (Philadelphia, Philadelphia), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: