Case: Parnell v. Allegheny County Board

Parnell, Et Al V. Allegheny County Board of Elections, Et Al

Parnell, Et Al V. Allegheny County Board, Et Al

Defendants' Status Report and Proposed Order of Court

Parnell, Et Al V. Allegheny County Board, Et Al

Defendants' Status Report and Proposed Order of Court

Defendants' Status Report and Proposed Order of Court

Parnell, Et Al V. Allegheny County Board, Et Al

Matthew Santoni

CBS News Pittsburgh

Matthew Santoni

COMPLAINT against ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM (Filing fee, including Administrative fee, $400, receipt number APAWDC-6004578), filed by SEAN PARNELL, LUKE NEGRON. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (cel) (Entered: 10/19/2020)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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MOTION for Temporary Restraining Order by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Exhibit, # 2 Proposed Order) (cel) (Entered: 10/19/2020)

1 Exhibit

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2 Proposed Order

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NOTICE of Appearance by Virginia Spencer Scott on behalf of ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Scott, Virginia) (Entered: 10/19/2020)

NOTICE of Appearance by Andrew F. Szefi on behalf of ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Szefi, Andrew) (Entered: 10/19/2020)

NOTICE of Appearance by George M. Janocsko on behalf of ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Janocsko, George) (Entered: 10/19/2020)

Summons Issued as to ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (cel) (Entered: 10/19/2020)

ORDER. A telephonic status conference is set for tomorrow, 10/20/2020, at 2:30 p.m. to discuss the pending 2 MOTION for temporary restraining order. All participants and observers may dial-in to the call at 888-363-4749 using access code 6743157. Signed by Judge J. Nicholas Ranjan on 10/19/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jm) (Entered: 10/19/2020)

NOTICE of Appearance by Thomas E. Breth on behalf of LUKE NEGRON, SEAN PARNELL. (Breth, Thomas) (Entered: 10/19/2020)

NOTICE of Appearance by Jordan P. Shuber on behalf of LUKE NEGRON, SEAN PARNELL. (Shuber, Jordan) (Entered: 10/19/2020)

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Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 10/20/2020. (Court Reporter: K. Earley) (av) (Entered: 10/20/2020)

ORDER. The parties shall meet and confer to discuss a possible agreement on (1) a "standstill" on the treatment of ballots received from the 28,879 voters within Allegheny County that received incorrect absentee and mail-in ballots, (2) whether Defendants will allow Plaintiffs to inspect the facility where these ballots are being stored by the Allegheny County Board of Elections, and (3) whether Defendants would consent to allow Mr. Chew and Mr. Hagerman to observe the satellite election offices within Allegheny County under certain conditions or limitations. The parties shall file a proposed consent order, competing proposed orders, or a status report on these issues by no later than October 22, 2020, by 10:00 am. Signed by Judge J. Nicholas Ranjan on 10/20/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/20/2020)

ORDER Response/Briefing Schedule re 2 Motion for Temporary Restraining Order. Plaintiffs shall file a supplemental brief on Count II of the Complaint by 12:00 p.m. on 10/21/2020. Defendants shall file their response by 12:00 p.m. on 10/22/2020. The parties' briefs and supporting evidence should address, at a minimum, (1) whether Plaintiffs have standing to assert their claim in Count II, (2) if Plaintiffs have standing, whose constitutional rights are being violated and how, (3) the level of scrutiny that should apply, (4) the governmental interests at issue, and (5) the precise relief Plaintiffs request with respect to Count II. There is no page limit with respect to these submissions. The Court will issue a separate order as to resolution of Plaintiffs' motion regarding Count I. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/20/2020)

SUMMONS/Return of Service Returned Executed by SEAN PARNELL, LUKE NEGRON. ALLEGHENY COUNTY BOARD OF ELECTIONS served on 10/20/2020, answer due 11/10/2020. (King, Thomas) (Entered: 10/20/2020)

SUMMONS/Return of Service Returned Executed by SEAN PARNELL, LUKE NEGRON. RICH FITZGERALD served on 10/20/2020, answer due 11/10/2020. (King, Thomas) (Entered: 10/20/2020)

SUMMONS/Return of Service Returned Executed by SEAN PARNELL, LUKE NEGRON. SAMUEL DEMARCO, III served on 10/20/2020, answer due 11/10/2020. (King, Thomas) (Entered: 10/20/2020)

SUMMONS/Return of Service Returned Executed by SEAN PARNELL, LUKE NEGRON. BETHANY HALLAM served on 10/20/2020, answer due 11/10/2020. (King, Thomas) (Entered: 10/20/2020)

Order

Order Response/Briefing Schedule

SCHEDULING ORDER AS TO COUNT I. As discussed during the October 20, 2020, status conference, the Court intends to resolve Plaintiff's TRO motion as to Count I on a separate track, and hold a hearing, if necessary. As a threshold matter, the Court believes that the standing issue as to Count I must be addressed. Specifically, it is unclear to the Court whether Plaintiffs here (who are not members of the General Assembly) can assert a particularized injury. See Lance v. Coffman, 549 U.S. 437, 442 (2007). The Court orders the parties to file briefs on Plaintiffs' standing as to Count I, to be due no later than October 22, 2020, at 5:00 pm. (No page limits for the briefs). To the extent that the Court determines that standing exists, the Court will conduct a hearing on the TRO motion on October 27, 2020 at 9:30 am via videoconference. Signed by Judge J. Nicholas Ranjan on 10/21/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/21/2020)

BRIEF in Support re 2 Motion for TRO regarding Count II Only filed by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Exhibit Emails to Board of Elections) (King, Thomas) (Entered: 10/21/2020)

1 Exhibit Emails to Board of Elections

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Order

STATUS REPORT by ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Attachments: # 1 Proposed Order) (Scott, Virginia) (Entered: 10/22/2020)

1 Proposed Order

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Case Management Order

STATUS REPORT per ECF 11 by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Proposed Order) (King, Thomas) (Entered: 10/22/2020)

1 Proposed Order

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MOTION to File Amicus Brief in Support of Defendants in Opposition to Motion for TRO by ACLU of Pennsylvania, Common Cause Pennsylvania, Lawyers Committee for Civil Rights Under Law. (Attachments: # 1 Exhibit Ex. 1 Propose Amicus Brief, # 2 Proposed Order) (Walczak, Witold) (Entered: 10/22/2020)

1 Exhibit Ex. 1 Propose Amicus Brief

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2 Proposed Order

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Proposed MOTION to Intervene by Pennsylvania Democratic Party, AUSTIN DAVIS, Dan Frankel, Ed Gainey. (Attachments: # 1 Exhibit) (Levine, Clifford) (Entered: 10/22/2020)

BRIEF in Support re 22 Motion to Intervene filed by AUSTIN DAVIS, Dan Frankel, Ed Gainey, Pennsylvania Democratic Party. (Levine, Clifford) (Entered: 10/22/2020)

RESPONSE to Motion re 2 MOTION for Temporary Restraining Order filed by ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Attachments: # 1 Exhibit, # 2 Proposed Order) (Scott, Virginia) (Entered: 10/22/2020)

1 Exhibit

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2 Proposed Order

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MOTION to Intervene by Democratic Congressional Campaign Committee. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Romano, Justin) (Entered: 10/22/2020)

1 Exhibit

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2 Exhibit

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3 Exhibit

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BRIEF in Support re 25 Motion to Intervene filed by Democratic Congressional Campaign Committee. (Romano, Justin) (Entered: 10/22/2020)

NOTICE of Appearance by Frances M. Liebenguth on behalf of ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Liebenguth, Frances) (Entered: 10/22/2020)

First AMENDED COMPLAINT against ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM, filed by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (King, Thomas) (Entered: 10/22/2020)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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BRIEF in Support of 2 MOTION for Temporary Restraining Order Supplemental Brief Filed Pursuant to ECF 17 filed by LUKE NEGRON, SEAN PARNELL. (King, Thomas) (Entered: 10/22/2020)

BRIEF in Opposition to 1 Complaint,, filed by ALLEGHENY COUNTY BOARD OF ELECTIONS, SAMUEL DEMARCO, III, RICH FITZGERALD, BETHANY HALLAM. (Scott, Virginia) (Entered: 10/22/2020)

MOTION for Leave to File Brief Raising Issues of Standing by Democratic Congressional Campaign Committee. (Romano, Justin) (Entered: 10/22/2020)

Amended MOTION for Temporary Restraining Order by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Proposed Order) (King, Thomas) (Entered: 10/22/2020)

1 Proposed Order

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TEXT ORDER granting 21 Motion to File Amicus Brief. Signed by Judge J. Nicholas Ranjan on 10/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ja) (Entered: 10/22/2020)

TEXT ORDER granting 22 Motion to Intervene by Pennsylvania Democratic Party and 25 Motion to Intervene by Democratic Congressional Campaign Committee, for the reasons set forth in Dkt. #309 in Donald J. Trump for President, Inc., et al. v. Kathy Boockvar, et al., Case No. 2:20-cv-966 (W.D. Pa.). Signed by Judge J. Nicholas Ranjan on 10/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ja) (Entered: 10/22/2020)

TEXT ORDER granting 31 Motion for Leave to File Brief Raising Issues of Standing by Democratic Congressional Campaign Committee. Signed by Judge J. Nicholas Ranjan on 10/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ja) (Entered: 10/22/2020)

ORDER. A telephonic status conference is set for tomorrow, 10/23/2020, at 10:00 a.m. to discuss Plaintiffs' Amended Motion for Temporary Restraining Order. All participants and observers may dial-in to the call at 888-363-4749 using access code 6743157. Signed by Judge J. Nicholas Ranjan on 10/22/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (ja)

MOTION for attorney Courtney Anne Elgart to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6023048) by Democratic Congressional Campaign Committee, Conor Lamb. (Attachments: # 1 Proposed Order) (Elgart, Courtney ) (Entered: 10/22/2020)

DECLARATION re 32 Amended MOTION for Temporary Restraining Order by SEAN PARNELL. (King, Thomas) (Entered: 10/23/2020)

Order on Motion to File Amicus Brief

Order on Motion to Intervene AND Order on Motion to Intervene

Order on Motion for Leave to File

DECLARATION re 32 Amended MOTION for Temporary Restraining Order by LUKE NEGRON. (King, Thomas) (Entered: 10/23/2020)

MOTION for attorney Marc Elias to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6024706) by Democratic Congressional Campaign Committee, Conor Lamb. (Elias, Marc) (Entered: 10/23/2020)

MOTION for attorney Uzoma Nkwonta to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6024763) by Democratic Congressional Campaign Committee, Conor Lamb. (Nkwonta, Uzoma) (Entered: 10/23/2020)

MOTION for attorney Jacob D. Shelly to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6025392) by Democratic Congressional Campaign Committee, Conor Lamb. (Attachments: # 1 Proposed Order) (Shelly, Jacob) (Entered: 10/23/2020)

ORDER granting 36 Motion for Courtney Anne Elgart to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/23/2020)

NOTICE of Appearance by Marco S. Attisano on behalf of Democratic Congressional Campaign Committee, Conor Lamb. (Attisano, Marco) (Entered: 10/23/2020)

Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Telephonic Status Conference held on 10/23/2020. (Court Reporter: K. Earley) (av) (Entered: 10/23/2020)

ORDER denying 2 Motion for Temporary Restraining Order as moot in light of Plaintiffs' filing of the 28 First Amended Complaint and the 32 Amended Motion for Temporary Restraining Order. Signed by Judge J. Nicholas Ranjan on 10/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/23/2020)

ORDER denying in part 32 Amended Motion for Temporary Restraining Order. For the reasons stated more fully on the record during the telephonic status conference on October 23, 2020, Plaintiffs' motion is denied as to Count II of the First Amended Complaint. The Plaintiffs failed to demonstrate that they are reasonably likely to prevail on the merits or that they are likely to suffer irreparable injury without relief. See Doe v. Law Sch. Admission Council, Inc., 791 F. App'x 316, 320 (3d Cir. 2019) (citing Reilly v. City of Harrisburg, 858 F.3d 173, 179 (3d Cir. 2017)). Signed by Judge J. Nicholas Ranjan on 10/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/23/2020)

MOTION for attorney Torryn Taylor Rodgers to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6026267) by Democratic Congressional Campaign Committee, Conor Lamb. (Taylor, Torryn) (Entered: 10/23/2020)

SCHEDULING ORDER re 32 Amended Motion for Temporary Restraining Order. Status Report due by 10/25/2020; Initial Disclosures due by 10/25/2020; Brief in Support due by 10:00 a.m. on 10/26/2020; Briefs in Opposition due by 10:00 a.m. on 10/27/2020. If necessary, an Evidentiary Hearing by videoconference is set for 10/28/2020 at 09:30 AM before Judge J. Nicholas Ranjan. See attached Order for additional details. Signed by Judge J. Nicholas Ranjan on 10/23/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/23/2020)

MOTION for attorney Stephanie Command to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-6026431) by Democratic Congressional Campaign Committee, Conor Lamb. (Attachments: # 1 Proposed Order) (Command, Stephanie) (Entered: 10/23/2020)

Errata re 48 Scheduling Order. Reason for Correction: Document not attached. (av) (Entered: 10/23/2020)

Order on Motion to Appear Pro Hac Vice

Order on Motion for TRO

Order

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STATUS REPORT by All Parties by LUKE NEGRON, SEAN PARNELL. (King, Thomas) (Entered: 10/25/2020)

Consent MOTION re 32 Amended MOTION for Temporary Restraining Order filed by LUKE NEGRON, SEAN PARNELL and All Other Parties by LUKE NEGRON, SEAN PARNELL. (Attachments: # 1 Proposed Order Consent Order) (King, Thomas) (Entered: 10/25/2020)

1 Proposed Order Consent Order

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Errata re 52 Consent Motion for TRO by LUKE NEGRON, SEAN PARNELL. Reason for Correction: The Errata is filed to unlink the Consent Motion from ECF 32 so it is not linked to any documents. (Attachments: # 1 Proposed Order Consent Order) (King, Thomas) Modified on 10/26/2020 (cel). (Entered: 10/25/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Teleconference held on October 20, 2020 before Judge Nicholas Ranjan. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/2/2020. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/25/2021. (kme) (Entered: 10/26/2020)

Quality Control message - Proposed Order part of main document

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Teleconference held on October 23, 2020 before Judge Nicholas Ranjan. Court Reporter Karen Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 11/2/2020. Redaction Request due 11/16/2020. Redacted Transcript Deadline set for 11/27/2020. Release of Transcript Restriction set for 1/25/2021. (kme) (Entered: 10/26/2020)

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ORDER granting 39 Motion for attorney Marc Elias to Appear Pro Hac Vice; granting 40 Motion for attorney Uzoma Nkwonta to Appear Pro Hac Vice; granting 41 Motion for attorney Jacob D. Shelly to Appear Pro Hac Vice; granting 47 Motion for attorney Torryn Taylor Rodgers to Appear Pro Hac Vice; granting 49 Motion for attorney Stephanie Command to Appear Pro Hac Vice. Signed by Judge J. Nicholas Ranjan on 10/26/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/26/2020)

CONSENT ORDER. Signed by Judge J. Nicholas Ranjan on 10/26/2020. (av) (Entered: 10/26/2020)

ORDER. Pursuant to Fed Rule of Civ P. 41(a)(2) and pursuant to the terms of the 57 consent order, this case is hereby dismissed. The remaining deadlines and hearing in the 48 scheduling order are hereby vacated and cancelled. The Clerk of Court shall mark this case as CLOSED. The Court retains limited and narrow jurisdiction as set forth by the terms of the consent order. Signed by Judge J. Nicholas Ranjan on 10/26/2020. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (av) (Entered: 10/26/2020)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 22 Motion to Intervene. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney is advised that, in the future, proposed orders are to be made attachments to the main document. This message is for informational purposes only. (cel)

CLERK'S OFFICE QUALITY CONTROL MESSAGE re 26 Brief in Support of Motion. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (cel)

Errata re 25 Motion to Intervene by Democratic Congressional Campaign Committee, Conor Lamb. Reason for Correction: missing /s. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order) (Romano, Justin) (Entered: 10/26/2020)

Errata re 26 Brief in Support of Motion to Intervene by Democratic Congressional Campaign Committee, Conor Lamb. Reason for Correction: missing /s. (Romano, Justin) (Entered: 10/26/2020)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

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