Case: Judicial Watch, Inc. v. Commonwealth of Pennsylvania

1:20-cv-00708 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 29, 2020

Case Ongoing

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Case Summary

In April 2020, Judicial Watch, a conservative activist group, sued the Commonwealth of Pennsylvania, Acting Secretary of the Commonwealth, Bucks, Chester, and Delaware counties, and their county election officials in their original capacities. They filed the lawsuit in the United States District Court for the Middle District of Pennsylvania. Judicial Watch sought declarative and injunctive relief, requesting the court require defendants to comply with their voter list maintenance obligations an…

In April 2020, Judicial Watch, a conservative activist group, sued the Commonwealth of Pennsylvania, Acting Secretary of the Commonwealth, Bucks, Chester, and Delaware counties, and their county election officials in their original capacities. They filed the lawsuit in the United States District Court for the Middle District of Pennsylvania.

Judicial Watch sought declarative and injunctive relief, requesting the court require defendants to comply with their voter list maintenance obligations and their record production obligations under Section 8 of the National Voter Registration Act of 1993 (“NVRA”), 52 U.S.C. § 20507. The NVRA requires election administrators to “conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters by reason of [..] the death of the registrant; or a change in the residence of the registrant.” Judicial Watch asserted two claims of alleged violations. Count I claimed that all defendants have failed to fulfill their obligations under the NVRA to remove ineligible voters from their voter registration rolls due to death or change of address. Count II claimed that Chester County, Delaware County, and the Acting Secretary also violated the NVRA’s disclosure requirements by failing to remove voters who failed to respond to an address confirmation notice.

Judicial Watch based these allegations on their review of the U.S. Election Assistance Commission’s (EAC) report entitled Election Administration and Voting Survey, 2018 Comprehensive Report, A Report to the 116th Congress, its associated data sets, and available census data. They concluded that the three counties named as defendants reported too few registration removals and too high voter registration rates. In December 2019, Judicial Watch sent notice letters to the county defendants and the then-Secretary of the Commonwealth informing them of the alleged violations and their intent to sue if the violations were not corrected. Bucks County and Chester County sent back responsive letters, but Delaware County did not respond. Judicial Watch then filed their complaint. Common Cause Pennsylvania and the League of Women Voters intervened as defendants, asserting that Judicial Watch’s complaint requested unnecessary voter purges that would negatively impact their voting and civic engagement work.

The county defendants moved to dismiss Count I on its merits and Count II for failure to provide requisite statutory notice. The Middle District of Pennsylvania granted the motion without prejudice and leave to amend. On the list-maintenance claims, the court found that Judicial Watch did not plausibly allege that the county defendants violated their obligations under the NVRA, especially since after Judicial Watch filed their complaint, the EAC published revised datasets that reflected higher numbers of registration removals in the defendant counties. The court also found Judicial Watch’s claims that the counties’ allegedly high registration rates to be conclusory. On the disclosure obligations, the court found that Judicial Watch failed to provide proper notice under the NVRA.

Judicial Watch amended the complaint and included allegations of low registration removals in other Pennsylvania countries not named as defendants (Luzerne County, Cumberland County, Washington County, Indiana County and Carbon County) claiming that state defendants failed to maintain and report accurate voter registration lists in violation of the NVRA and claiming to have provided the requisite statutory notice. In January 2022, some defendants again moved to dismiss. In July 2022, the court, at the request of the parties, had the matter referred to a Magistrate Judge for a settlement conference.

On May 11, 2023, Judicial Watch announced that they reached a settlement with Pennsylvania and the five counties named on the amended complaint. The settlement required the Commonwealth of Pennsylvania to pay Judicial Watch $15,000 for legal costs and fees. The Pennsylvania Department of State also agreed to publish online statistics and data on voter roll changes in the five counties. As a result, the case was dismissed with prejudice.

Summary Authors

Gabrielle Jackson (11/14/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17113003/parties/judicial-watch-inc-v-commonwealth-of-pennsylvania/


Judge(s)
Attorney for Plaintiff

Coates, H Christopher (Pennsylvania)

Attorney for Defendant

Aronchick, Mark A. (Pennsylvania)

Boland, Nicole J. (Pennsylvania)

Bowers, Anthony R. (Pennsylvania)

Brenneman, Keith O. (Pennsylvania)

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Documents in the Clearinghouse

Document
1

1:20-cv-00708

Complaint

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

April 29, 2020

April 29, 2020

Complaint
35

1:20-cv-00708

Motion to Dismiss of the County Defendants

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

July 10, 2020

July 10, 2020

Pleading / Motion / Brief
57

1:20-cv-00708

Memorandum

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

March 8, 2021

March 8, 2021

Order/Opinion
58

1:20-cv-00708

Order

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

March 8, 2021

March 8, 2021

Order/Opinion

524 F.Supp.3d 524

133

1:20-cv-00708

Order

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

July 14, 2022

July 14, 2022

Order/Opinion

Settlement Agreement and General Release of Claims

Judicial Watch, Inc. V. Commonwealth Of Pennsylvania, Et Al

May 2, 2023

May 2, 2023

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17113003/judicial-watch-inc-v-commonwealth-of-pennsylvania/

Last updated April 30, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-5078621), filed by Judicial Watch, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(pjr) (Entered: 04/29/2020)

1 Civil Cover Sheet

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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April 29, 2020

April 29, 2020

Clearinghouse

Special Admission Form Sent

April 29, 2020

April 29, 2020

PACER
2

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (pjr) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

SPECIAL ADMISSION FORM for Shawn Goldstein, Robert Popper, T. Russell Nobile and H. Christopher Coates can be obtained at http://www.pamd.uscourts.gov/forms/petition-admission-practice. (pjr)

April 29, 2020

April 29, 2020

PACER
3

Letter to plaintiffs regarding service and Rule 16 of the Federal Rules of Civil Procedure. Signed by Chief Judge Christopher C. Conner on 4/29/2020. (ktt) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER
4

MOTION to Intervene as Party Defendants by Common Cause Pennsylvania, League of Women Voters of Pennsylvania. (Attachments: # 1 Proposed Order)(Walczak, Witold) (Entered: 05/11/2020)

1 Proposed Order

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May 11, 2020

May 11, 2020

PACER
5

BRIEF IN SUPPORT re 4 MOTION to Intervene as Party Defendants filed by Common Cause Pennsylvania, League of Women Voters of Pennsylvania.(Walczak, Witold) (Entered: 05/11/2020)

May 11, 2020

May 11, 2020

Clearinghouse
6

NOTICE of Appearance by Nicole J. Boland on behalf of Kathy Boockvar, Commonwealth of Pennsylvania (Boland, Nicole) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
7

NOTICE of Appearance by Stephen Moniak on behalf of Kathy Boockvar, Commonwealth of Pennsylvania (Moniak, Stephen) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
8

WAIVER OF SERVICE Returned by Kathy Boockvar, Commonwealth of Pennsylvania. Kathy Boockvar waiver sent on 5/11/2020, answer due 7/10/2020; Commonwealth of Pennsylvania waiver sent on 5/11/2020, answer due 7/10/2020. (Boland, Nicole) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
9

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Eric W Lee on behalf of Judicial Watch, Inc. Attorney Eric Lee is seeking special admission. Filing fee $ 50, receipt number 0314-5091946.. (Lee, Eric) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER

DOCKET ANNOTATION: Petitioner, Eric Lee, and Associate Counsel bar status verified. (pjr)

May 13, 2020

May 13, 2020

PACER
10

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by T. Russell Nobile on behalf of All Plaintiffs Attorney T. Russell Nobile is seeking special admission. Filing fee $ 50, receipt number 0314-5092164.. (Nobile, T.) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER

DOCKET ANNOTATION: Petitioner T. Russell Nobile, and Associate Counsel bar status verified. (pjr)

May 13, 2020

May 13, 2020

PACER
11

SPECIAL ADMISSIONS FORM APPROVED as to Eric Lee. Signed by Chief Judge Christopher C. Conner on 5/13/2020. (ktt) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
12

SPECIAL ADMISSIONS FORM APPROVED as to T. Russell Nobile. Signed by Chief Judge Christopher C. Conner on 5/13/2020. (ktt) (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
13

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert D Popper on behalf of All Plaintiffs Attorney Robert Popper is seeking special admission. Filing fee $ 50, receipt number 0314-5100659.. (Popper, Robert) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER

DOCKET ANNOTATION: Petitioner, Robert Popper, and Associate Counsel bar status verified. (pjr)

May 22, 2020

May 22, 2020

PACER
14

SPECIAL ADMISSIONS FORM APPROVED as to Robert Popper. Signed by Chief Judge Christopher C. Conner on 5/22/2020. (ktt) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
15

AFFIDAVIT in Opposition re 4 MOTION to Intervene as Party Defendants filed by Judicial Watch, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proposed Order)(Popper, Robert) (Entered: 05/26/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Proposed Order

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May 26, 2020

May 26, 2020

Clearinghouse
16

BRIEF IN OPPOSITION re 4 MOTION to Intervene as Party Defendants filed by Judicial Watch, Inc..(Popper, Robert) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

RECAP
17

NOTICE of Appearance by Mark A. Aronchick on behalf of Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan (Aronchick, Mark) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
18

NOTICE of Appearance by Michele D. Hangley on behalf of Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan (Hangley, Michele) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
19

MOTION for Leave to File Memo of Law of the County Defendants in Support of Motion for Non-Parties Common Cause Pennsylvania and League of Women Voters of Pennsylvania for Leave to Intervene, by Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan. (Attachments: # 1 Exhibit(s) A - Memo of Law of the County Defendants in Support of Motion for Non-Parties Common Cause Pennsylvania and League of Women Voters of Pennsylvania for Leave to Intervene, # 2 Memo Memo of Law in Support of Motion for Leave to File, # 3 Proposed Order, # 4 Certificate of Nonconcurrence, # 5 Certificate of Service)(Aronchick, Mark) (Entered: 06/09/2020)

1 Exhibit(s) A - Memo of Law of the County Defendants in Support of Motion for Non

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2 Memo Memo of Law in Support of Motion for Leave to File

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3 Proposed Order

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4 Certificate of Nonconcurrence

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5 Certificate of Service

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June 9, 2020

June 9, 2020

RECAP
20

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Christina C Matthias on behalf of Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan Attorney Christina C. Matthias is seeking special admission. Filing fee $ 50, receipt number 0314-5115929.. (Matthias, Christina) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
21

REPLY BRIEF re 4 MOTION to Intervene as Party Defendants filed by Common Cause Pennsylvania, League of Women Voters of Pennsylvania. (Attachments: # 1 Exhibit(s) Ex. 1 (Almeda Declaration), # 2 Exhibit(s) Ex. 2 (Hendershot Declaration))(Walczak, Witold) (Entered: 06/09/2020)

1 Exhibit(s) Ex. 1 (Almeda Declaration)

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2 Exhibit(s) Ex. 2 (Hendershot Declaration)

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June 9, 2020

June 9, 2020

RECAP

DOCKET ANNOTATION: Petitioner, Christina Matthias, and Associate Counsel bar status verified. (pjr)

June 9, 2020

June 9, 2020

PACER
22

AFFIDAVIT in Opposition re 19 MOTION for Leave to File Memo of Law of the County Defendants in Support of Motion for Non-Parties Common Cause Pennsylvania and League of Women Voters of Pennsylvania for Leave to Intervene, filed by Judicial Watch, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Popper, Robert) (Entered: 06/09/2020)

1 Exhibit 1

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2 Exhibit 2

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June 9, 2020

June 9, 2020

RECAP
23

BRIEF IN OPPOSITION re 19 MOTION for Leave to File Memo of Law of the County Defendants in Support of Motion for Non-Parties Common Cause Pennsylvania and League of Women Voters of Pennsylvania for Leave to Intervene, filed by Judicial Watch, Inc..(Popper, Robert) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

RECAP
24

SPECIAL ADMISSIONS FORM APPROVED as to Christina C. Matthias. Signed by Honorable Christopher C. Conner on 6/9/2020. (ktt) (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
25

ORDER granting 19 Motion for Leave to File. ORDERED that: 1. Defendants' motion 19 is GRANTED. 2. The Clerk of Court is directed to file the proposed memorandum of law (Doc. 19-1) as defendants brief in support of the motion (Doc. 4) to intervene. Signed by Honorable Christopher C. Conner on 6/10/2020 (ktt) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
26

BRIEF IN SUPPORT re 4 MOTION to Intervene as Party Defendants filed by County Defendants.(ktt) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

RECAP
27

SCHEDULING ORDER: Case Management Conference set for 7/27/2020 at 10:45 AM before Honorable Christopher C. Conner. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 6/16/2020. (ktt) (Additional attachment(s) added on 6/16/2020: # 1 Court Calendar) (ktt). (Entered: 06/16/2020)

June 16, 2020

June 16, 2020

PACER
28

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by H Christopher Coates on behalf of Judicial Watch, Inc. Attorney H. Christopher Coates is seeking special admission. Filing fee $ 50, receipt number 0314-5125352., filed by on behalf of Judicial Watch, Inc..(Coates, H) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER

DOCKET ANNOTATION: Petitioner H. Christopher Coates and associate counsel bar status verified (mfa)

June 18, 2020

June 18, 2020

PACER
29

SPECIAL ADMISSIONS FORM APPROVED as to H. Christopher Coates. Signed by Honorable Christopher C. Conner on 6/18/2020. (ktt) (Entered: 06/18/2020)

June 18, 2020

June 18, 2020

PACER
30

SUR REPLY to REPLY to Response to Motion re 4 MOTION to Intervene as Party Defendants filed by Judicial Watch, Inc..(Popper, Robert) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
31

WAIVER OF SERVICE Returned by Judicial Watch, Inc.. Bucks County Board of Elections waiver sent on 5/11/2020, answer due 7/10/2020; Bucks County Commission waiver sent on 5/11/2020, answer due 7/10/2020; Bucks County Registration Commission waiver sent on 5/11/2020, answer due 7/10/2020; Sandra Burke waiver sent on 5/11/2020, answer due 7/10/2020; Chester County Board of Elections waiver sent on 5/11/2020, answer due 7/10/2020; Chester County Commission waiver sent on 5/11/2020, answer due 7/10/2020; Chester County Registration Commission waiver sent on 5/11/2020, answer due 7/10/2020; Delaware County Board of Elections waiver sent on 5/11/2020, answer due 7/10/2020; Delaware County Council waiver sent on 5/11/2020, answer due 7/10/2020; Thomas Freitag waiver sent on 5/11/2020, answer due 7/10/2020; Laureen Hagan waiver sent on 5/11/2020, answer due 7/10/2020. (Rodgers, Shawn) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
32

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Witold J. Walczak on behalf of Common Cause Pennsylvania, League of Women Voters of Pennsylvania Attorney Adriel I. Cepeda Derieux is seeking special admission. Filing fee $ 50, receipt number APAMDC-5157036.. (Walczak, Witold) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
33

ANSWER to 1 Complaint, by Kathy Boockvar, Commonwealth of Pennsylvania. (Attachments: # 1 Exhibit(s) A)(Boland, Nicole) (Entered: 07/10/2020)

1 Exhibit(s) A

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July 10, 2020

July 10, 2020

Clearinghouse
34

Defendant-Intervenors' ANSWER to 1 Complaint, by Common Cause Pennsylvania, League of Women Voters of Pennsylvania.(Walczak, Witold) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

Clearinghouse
35

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan. (Attachments: # 1 Memo Memorandum of Law in Support of the Motion to Dismiss of the County Defendants, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Certificate of Nonconcurrence, # 6 Proposed Order)(Aronchick, Mark) (Entered: 07/10/2020)

1 Memo Memorandum of Law in Support of the Motion to Dismiss of the County Defenda

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2 Exhibit(s) 1

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3 Exhibit(s) 2

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4 Exhibit(s) 3

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5 Certificate of Nonconcurrence

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6 Proposed Order

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July 10, 2020

July 10, 2020

Clearinghouse

DOCKET ANNOTATION: Petitioner Adriel Cepeda Derieux and associate counsel bar status verified (mfa)

July 13, 2020

July 13, 2020

PACER
36

SPECIAL ADMISSIONS FORM APPROVED as to Adriel I. Cepeda Derieux. Signed by Honorable Christopher C. Conner on 7/13/2020. (ktt) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
37

Unopposed MOTION for Extension of Time to Respond to the County Defendants' Motion to Dismiss by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Rodgers, Shawn) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
38

ORDER granting 37 Motion to Extend Time. Signed by Honorable Christopher C. Conner on 7/20/2020 (ktt) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER
39

CASE MANAGEMENT PLAN submitted Jointly by Original Parties by Judicial Watch, Inc.. (Nobile, T.) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
41

CASE MANAGEMENT ORDER - Fact Discovery due by 7/7/2021. Plaintiff Expert Report is due by 8/4/2021. Defendant Expert Report is due by 10/4/2021. Dispositive Motions due by 10/6/2021. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 7/27/2020. (ktt) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

PACER
42

CIVIL PRACTICE ORDER - Signed by Honorable Christopher C. Conner on 7/27/2020. (ktt) (Entered: 07/27/2020)

July 27, 2020

July 27, 2020

RECAP
43

ORDER - ORDERED that: Discovery in this case is STAYED until after the November 3, 2020 election. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/3/2020. (ktt) (Entered: 08/03/2020)

Aug. 3, 2020

Aug. 3, 2020

PACER
44

Unopposed MOTION to Exceed Page Limitation by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Lee, Eric) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
45

ORDER granting 44 Motion for Leave to File Excess Pages. Signed by Honorable Christopher C. Conner on 8/5/2020 (ktt) (Entered: 08/05/2020)

Aug. 5, 2020

Aug. 5, 2020

PACER
46

BRIEF IN OPPOSITION re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order Denying Motion to Dismiss)(Nobile, T.) (Entered: 08/07/2020)

1 Proposed Order Denying Motion to Dismiss

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Aug. 7, 2020

Aug. 7, 2020

Clearinghouse
47

Unopposed MOTION for Extension of Time to File Brief IN REPLY TO PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS filed by Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Aronchick, Mark) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
48

ORDER granting 47 Motion for Extension of Time to File Response/Reply. Signed by Honorable Christopher C. Conner on 8/20/2020 (ktt) (Entered: 08/20/2020)

Aug. 20, 2020

Aug. 20, 2020

PACER
49

REPLY BRIEF re 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Bucks County Board of Elections, Bucks County Commission, Bucks County Registration Commission, Sandra Burke, Chester County Board of Elections, Chester County Commission, Chester County Registration Commission, Delaware County Board of Elections, Delaware County Council, Delaware County Registration Commission, Thomas Freitag, Laureen Hagan.(Aronchick, Mark) (Entered: 09/04/2020)

Sept. 4, 2020

Sept. 4, 2020

Clearinghouse
50

ORDER: 1. The mtn 4 to intervene is GRANTED. 2. The Clerk of Court is DIRECTED to add proposed intervenors to the docket and amend the caption accordingly.Signed by Honorable Christopher C. Conner on 11/18/20. (ma) (Entered: 11/19/2020)

Nov. 19, 2020

Nov. 19, 2020

RECAP
51

MOTION for Protective Order by Kathy Boockvar. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order)(Boland, Nicole) (Entered: 02/11/2021)

Feb. 11, 2021

Feb. 11, 2021

PACER
52

CERTIFICATE of by Kathy Boockvar re 51 MOTION for Protective Order Concurrence by County Defendants. (Boland, Nicole) (Entered: 02/12/2021)

Feb. 12, 2021

Feb. 12, 2021

PACER
53

ORDER granting 51 Motion for Protective Order. Signed by Honorable Christopher C. Conner on 2/16/2021 (mw) (Entered: 02/16/2021)

Feb. 16, 2021

Feb. 16, 2021

PACER
54

MOTION for Judgment on the Pleadings by Kathy Boockvar, Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(Boland, Nicole) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
55

BRIEF IN SUPPORT re 54 MOTION for Judgment on the Pleadings filed by Kathy Boockvar, Commonwealth of Pennsylvania.(Boland, Nicole) (Entered: 03/04/2021)

March 4, 2021

March 4, 2021

PACER
56

CERTIFICATE of by Kathy Boockvar, Commonwealth of Pennsylvania re 54 MOTION for Judgment on the Pleadings Concurrence by County Defendants. (Boland, Nicole) (Entered: 03/05/2021)

March 5, 2021

March 5, 2021

PACER
57

MEMORANDUM (Order to follow as separate docket entry). Signed by Honorable Christopher C. Conner on 3/8/2021. (mw) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

Clearinghouse
58

ORDER (memorandum filed previously as separate docket entry) - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 3/8/2021. (mw) (Entered: 03/08/2021)

March 8, 2021

March 8, 2021

Clearinghouse
59

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ezra D Rosenberg on behalf of Common Cause Pennsylvania, League of Women Voters of Pennsylvania Attorney Ezra Rosenberg is seeking special admission. Filing fee $ 50, receipt number APAMDC-5506808.. (Rosenberg, Ezra) (Entered: 03/09/2021)

March 9, 2021

March 9, 2021

PACER

DOCKET ANNOTATION: Counsel is advised to file a signed copy of the Code of Professional Conduct for Doc. 59. Please file this using the event: Civil Events Other Filings Other Documents-Includes Social Security Transcript and Brief Events- Document Filed. (pjr)

March 10, 2021

March 10, 2021

PACER
60

by Common Cause Pennsylvania, League of Women Voters of Pennsylvania. 59 Petition for Special Admission - Pro Hac Vice, . (Rosenberg, Ezra) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER

DOCKET ANNOTATION: Petitioner, Ezra Rosenberg, and Associate Counsel bar status verified. (pjr)

March 10, 2021

March 10, 2021

PACER
61

Unopposed MOTION for Extension of Time to Respond to the State Defendants' Motion for Judgment on the Pleadings 54 by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Rodgers, Shawn) (Entered: 03/10/2021)

March 10, 2021

March 10, 2021

PACER
62

SPECIAL ADMISSIONS FORM APPROVED as to Ezra D. Rosenberg. Signed by Honorable Christopher C. Conner on 3/11/2021. (mw) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
63

ORDER granting 61 Motion to Extend Time. Signed by Honorable Christopher C. Conner on 3/11/2021 (mw) (Entered: 03/11/2021)

March 11, 2021

March 11, 2021

PACER
64

Letter from Robert D. Popper pursuant to Rule 9 of CPO. (Attachments: # 1 Response to RFPs, # 2 Response to Interrogs.)(Popper, Robert) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
65

Order - it is hereby ORDERED that the Clerk of Court is directed to REFER plaintiffs correspondence (Doc. 64 ) to Chief Magistrate Judge Mehalchick for assignment to a magistrate judge for resolution. Signed by Honorable Christopher C. Conner on 3/30/2021. (mw) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER

VERBAL ORDER by Chief Magistrate Judge Karoline Mehalchick Referring case to Magistrate Judge William I. Arbuckle for purposes of handling discovery dispute (Doc. 64). (cw)

March 30, 2021

March 30, 2021

PACER
66

Letter from Commonwealth re Dispute over Unfinalized Data . (Boland, Nicole) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
67

SCHEDULING ORDER: Telephone Conference call set for 4/6/2021 at 3:00 PM before Magistrate Judge William I. Arbuckle for the purpose of handling the discovery dispute outlined in a letter to the court dated March 29, 2021 (Doc. 64). PLEASE SEE ORDER FOR CALL-IN INSTRUCTIONS. Signed by Magistrate Judge William I. Arbuckle on 4/1/2021. (caw) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
68

MOTION for Extension of Time to Amend Complaint and to Respond to Dispositive Motion by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Popper, Robert) (Entered: 04/02/2021)

April 2, 2021

April 2, 2021

PACER

DOCKET ANNOTATION: In accordance with paragraph 12 of the courts practice order, counsel for plaintiff is instructed to file an updated certificate of concurrence or nonconcurrence advising the court whether the state defendants concur in plaintiffs motion 68 for extension of time as soon as concurrence is either given or denied. (mw)

April 5, 2021

April 5, 2021

PACER
69

CERTIFICATE of Counsel re 68 MOTION for Extension of Time to Amend Complaint and to Respond to Dispositive Motion by Robert D Popper on behalf of All Plaintiffs (Popper, Robert) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
71

ORDER - it is hereby ORDERED that plaintiffs motion (Doc. 68 ) is GRANTED to the extent that plaintiff shall have until May 19, 2021, to file an amended complaint, without prejudice to plaintiffs right to seek an additional extension if needed or to the Commonwealth defendants right to oppose same. Signed by Honorable Christopher C. Conner on 4/7/2021 (mw) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
72

ORDER re 64 Letter - During the call held on 4/6/2021 regarding a discovery dispute, the parties agreed to work on reaching an agreement for preliminary review and if an agreement is not reached by Monday, April 12, 2021, the parties have been granted leave to file an appropriate Motion. Signed by Magistrate Judge William I. Arbuckle on 4/7/2021. (caw) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
73

Unopposed MOTION for Extension of Time to File response to Motion for Judgment on the Pleadings by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Popper, Robert) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
74

VERBAL ORDER It is ORDERED that the motion 73 is GRANTED and plaintiff shall have until May 19, 2021 to respond to defendants motion for judgment on the pleadings. Signed by Honorable Christopher C. Conner on 4/16/2021. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
75

Third MOTION for Extension of Time to to file motion to amend Complaint and to respond to motion for judgment by Judicial Watch, Inc.. (Attachments: # 1 Exhibit 1 - Letter 4/22/2021, # 2 Exhibit 2 - Letter 5/3/2021, # 3 Proposed Order)(Popper, Robert) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER

DOCKET ANNOTATION: Counsel is instructed to file an updated certificate of concurrence or nonconcurrence advising the court whether defendants concur in the motion 75 for extension of time once a response is received. (mw)

May 14, 2021

May 14, 2021

PACER
76

CERTIFICATE of Concurrence by State Defendants, by Judicial Watch, Inc. re 75 Third MOTION for Extension of Time to to file motion to amend Complaint and to respond to motion for judgment . (Popper, Robert) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
77

ORDER granting 75 Motion to Extend Time. Signed by Honorable Christopher C. Conner on 5/18/2021 (mw) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
78

First MOTION to Amend/Correct 1 Complaint, by Judicial Watch, Inc.. (Attachments: # 1 First Amended Complaint, # 2 Changes to Complaint, # 3 Proposed Order)(Popper, Robert) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER
79

BRIEF IN SUPPORT re 78 First MOTION to Amend/Correct 1 Complaint, filed by Judicial Watch, Inc..(Popper, Robert) (Entered: 08/25/2021)

Aug. 25, 2021

Aug. 25, 2021

PACER
80

BRIEF IN OPPOSITION re 78 First MOTION to Amend/Correct 1 Complaint, filed by Kathy Boockvar. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Boland, Nicole) (Entered: 09/08/2021)

Sept. 8, 2021

Sept. 8, 2021

PACER
81

First MOTION for Extension of Time to Submit Reply Brief in Support of Motion to Amend 78 by Judicial Watch, Inc.. (Attachments: # 1 Proposed Order)(Popper, Robert) (Entered: 09/10/2021)

Sept. 10, 2021

Sept. 10, 2021

PACER
82

ORDER granting 81 Motion to Extend Time. Signed by Honorable Christopher C. Conner on 9/13/2021 (mw) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
83

REPLY BRIEF re 78 First MOTION to Amend/Correct 1 Complaint, filed by Judicial Watch, Inc.. (Attachments: # 1 Exhibit A - 7/26/21 letter)(Popper, Robert) (Entered: 10/06/2021)

Oct. 6, 2021

Oct. 6, 2021

PACER
84

ORDER - it is hereby ORDERED that judicial Watchs motion (Doc. 78 ) for leave to amend is GRANTED. The Clerk of Court shall file Judicial Watchs amended complaint (Doc. 78-1) to the docket forthwith. The Commonwealth defendants motion (Doc. 54 ) for judgment on the pleadings is DENIED without prejudice as moot. The Commonwealth defendants shall answer Judicial Watchs amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by Honorable Christopher C. Conner on 11/8/2021 (mw) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

PACER
85

AMENDED COMPLAINT against Veronica Degraffenreid, The Luzerne County Council, Tim McGinley, Shelby Watchilla, The Cumberland County Board of Commissioners, Gary Eichelberger, Bethany Salzarulo, The Washington County Board of Commissioners, Diana Irey Vaughan, Melanie R. Ostrander, The Indiana County Commissioners, Michael Keith, Deborah L. Streams, The Carbon County Board of Commissioners, Wayne E. Nothstein, Lisa Dart, filed by Judicial Watch, Inc.(mw) (Entered: 11/08/2021)

Nov. 8, 2021

Nov. 8, 2021

Clearinghouse
86

ANSWER to 85 Amended Complaint, by Commonwealth of Pennsylvania, Veronica Degraffenreid.(Moniak, Stephen) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

Clearinghouse
87

Summons Issued as to Lisa Dart, Gary Eichelberger, Michael Keith, Tim McGinley, Wayne E. Nothstein, Melanie R. Ostrander, Bethany Salzarulo, Deborah L. Streams, The Carbon County Board of Commissioners, The Cumberland County Board of Commissioners, The Indiana County Commissioners, The Luzerne County Council, The Washington County Board of Commissioners, Diana Irey Vaughan, Shelby Watchilla and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (gs) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
88

WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Michele D. Hangley terminated on behalf of Bucks County Commission; the Bucks County Board of Elections; the Bucks County Registration Commission; Thomas Freitag, in his Official Capacity as Elections Director for Bucks County; the Chester County Commission; the Chester County Board of Elections; the Chester County Registration Commission; Sandra Burke, in her official capacity as Director of Elections in Chester County; the Delaware County Council; the Delaware County Board of Elections; the Delaware County Registration Commission; and Laureen Hagan in her official capacity as chief clerk, Elections Bureau for Delaware County. (Hangley, Michele) (Entered: 12/20/2021)

Dec. 20, 2021

Dec. 20, 2021

PACER
89

NOTICE of Appearance by Robert J Grimm on behalf of Melanie R. Ostrander, The Washington County Board of Commissioners, Diana Irey Vaughan (Grimm, Robert) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER