Case: Pennsylvania Voters All v. Centre County

4:20-cv-01761 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: Sept. 25, 2020

Closed Date: Dec. 15, 2020

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Case Summary

This case stems from Centre County, Delaware County, and the City of Philadelphia’s acceptance of election grants from a nonpartisan, non-profit organization called the Center of Tech and Civic Life (“CTCL”) in connection with the 2020 election. The CTCL is a nonprofit organization that aims to foster a more informed and engaged democracy and to help modernize elections. Since its inception, the CTCL had designated over $250,000,000 in grant money to election offices around the country to cover…

Leading up to the 2020 presidential election, Centre County, Delaware County, and the City of Philadelphia each accepted various amount of funding from the CTCL. These funds were used for various election-related initiatives, including purchasing processing equipment for mail-in and absentee voting; creating satellite election offices; installing secure drop-boxes; paying for in-person voting expenses; and covering the cost of printing and postage.

On September 25, 2020, fourteen individual registered voters (the “Plaintiffs”) filed suit in the Middle District of Pennsylvania seeking to prevent Centre County, Delaware County, and the City of Philadelphia (together, the “Defendants”) from accepting grant money from the CTCL. According to the Plaintiffs, the Defendants’ acceptance of the CTCL grants was unlawful because: (1) the Elections and Supremacy Clauses of the Constitution, the Help America Vote Act, and the National Voters Registration Act each preempted the Defendants’ acceptance of the grant money; and (2) such acceptance would violate the Pennsylvania Elections Code, the Election Clause of the Constitution, and the Equal Protection Clause of the 14th Amendment because on some – not all – Pennsylvania counties had applied for and, therefore, had access to the funds. In connection with their complaint, the Plaintiffs moved for a temporary restraining order and preliminary injunction on September 28, 2020, which the Defendants opposed on October 12, 2020.

On October 21, 2020, the court issued a memorandum opinion addressing plaintiff’s claims – focusing on the issue of standing. To properly bring a case in federal court, plaintiffs must satisfy the three elements of standing: (1) that the plaintiff(s) suffered a judicially recognized injury; (2) that the alleged injury was caused by the defendant(s); and (3) that the injury is likely to be redressed by a favorable judicial decision.

In their filings, the Plaintiffs asserted three theories of standing. Under the first theory, the Plaintiffs argued that the CTCL grants disadvantaged Plaintiffs because they provided an advantage to “progressive and Democratic candidates” in the counties where the Plaintiffs lived and voted. Second, the Plaintiffs argued that, without injunctive relief, the CTCL grants would delegitimize and, thus, invalidate the election, resulting in the Plaintiffs lacking political representation until the election could be re-done. Third and finally, the Plaintiffs argued that they suffered an injury as a third-party beneficiary to a “social contract” between the federal government and the individual states.

The court rejected each of Plaintiffs theories. Addressing the injury component of standing, the court explained that alleged injuries must not be generalized – i.e., the type of grievance held by all members of the public – but, instead, must be “particularized.” The court explained that, while the Plaintiffs cited their “right to vote” as a right that would be infringed upon, their allegations boiled down to the argument that increased Democratic voter turnout would harm the possibility of their preferred candidates being elected, which was not a legally cognizable injury. Similarly, with respect to the Plaintiffs’ second and third theories, the court explained that accepting the Plaintiffs’ conception of standing “would be to reject the entirety of the standing doctrine as it exists today.”

Still discussing injury, the court next turn to whether the Plaintiffs’ alleged injury was imminent so as to ensure that the case was not too speculative for Article III (federal judiciary) purposes. According to the court, the Plaintiffs’ inability to show that the funds would be used by the Defendants in a partisan fashion or even that there would be any actual impact on voting results or voter turnout was prohibitive of finding imminence in Plaintiffs’ alleged injuries.

Moving to the causation prong of standing, the court explained that the thrust of the Plaintiffs’ allegations was not that the Defendants were wrong in accepting the CTCL funds, but rather that the CTCL was wrong in directing the funds to specific counties, which would facilitate greater voter turnout. In that respect, the injuries of which Plaintiffs complained were not fairly traceable to the Defendants named in the case.

Finally, the court looked to whether a judicial decision could redress the injury that Plaintiffs claimed. According to the court, the harm of greater voter turnout was not certain to be addressed by a judicial mandate that the funds be returned, making it conjectural whether the injuries alleged could even be redressed.

Because the Plaintiffs could not demonstrate that they had standing to pursue their claims, the court entered an order dismissing the case on October 21, 2020. Shortly thereafter, on October 22, 2020, the Plaintiffs appealed the court’s dismissal to the Third Circuit Court of Appeals, who affirmed the district court’s standing-based dismissal on November 23, 2020.

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Summary Authors

Corey Nevers (12/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18478175/parties/pennsylvania-voters-alliance-v-centre-county/

Judge(s)

Brann, Matthew William (Pennsylvania)

Attorney for Plaintiff

Breth, Thomas Eric (Pennsylvania)

Attorney for Defendant

Blewitt, Claire Ann (Pennsylvania)

DESIDERATO, JERRY R (Pennsylvania)

Dupuis, Elizabeth A. (Pennsylvania)

Judge(s)

Brann, Matthew William (Pennsylvania)

Attorney for Plaintiff

Breth, Thomas Eric (Pennsylvania)

Elliott, Ronald T (Pennsylvania)

Kaardal, Erick G. (Pennsylvania)

King, Thomas W. (Pennsylvania)

Shuber, Jordan P. (Pennsylvania)

Attorney for Defendant

Blewitt, Claire Ann (Pennsylvania)

DESIDERATO, JERRY R (Pennsylvania)

Dupuis, Elizabeth A. (Pennsylvania)

Ford, Timothy James (Pennsylvania)

Grugan, Terence M (Pennsylvania)

Hangley, Michele D. (Pennsylvania)

Katsiff, Timothy D. (Pennsylvania)

Meacham, Molly E (Pennsylvania)

Moniak, Stephen (Pennsylvania)

Rogers, Edward D. (Pennsylvania)

Wingfield, Elizabeth (Pennsylvania)

Wiygul, Robert A (Pennsylvania)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 4:20-cv-01761	Complaint for Declaratory and Injunctive Relief Pennsylvania Voters All, Et Al V. Centre County, Et Al	Sept. 25, 2020	Sept. 25, 2020 Complaint
5 4:20-cv-01761	Memorandum in Support of Plaintiffs' Motion for a TRO	Sept. 28, 2020	Sept. 28, 2020 Pleading / Motion / Brief
37 4:20-cv-01761	Defendant Counties' Response in Opposition to Plaintiffs' Motion for TRO	Oct. 12, 2020	Oct. 12, 2020 Pleading / Motion / Brief
76 4:20-cv-01761	Order Pennsylvania Voters All, Et Al V. Centre County, Et Al	Oct. 21, 2020	Oct. 21, 2020 Order/Opinion
75 4:20-cv-01761	Memorandum Opinion Pennsylvania Voters All, Et Al V. Centre County, Et Al	Oct. 21, 2020	Oct. 21, 2020 Order/Opinion 496 F.Supp.3d 861
80 4:20-cv-01761	Order Pennsylvania Voters All, Et Al V. Centre County, Et Al	Dec. 15, 2020	Dec. 15, 2020 Order/Opinion 2020 WL 9260183

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18478175/pennsylvania-voters-alliance-v-centre-county/

Last updated Aug. 9, 2025, 10:20 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against Centre County, Delaware County, The City of Philadelphia ( Filing fee $400, Receipt Number 5270829), filed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(nr) (Entered: 09/25/2020) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on PACER 4 Civil Cover Sheet View on PACER	Sept. 25, 2020	Sept. 25, 2020 Clearinghouse
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). (Attachments: # 1 Summons Packet) (nr) (Entered: 09/25/2020)	Sept. 25, 2020	Sept. 25, 2020 PACER
3	Summons RE-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). (Attachments: # 1 Summons Packet) (nr) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
4	MOTION for Temporary Restraining Order by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) Notice of Hearing)(Shuber, Jordan) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
5	BRIEF IN SUPPORT re 4 MOTION for Temporary Restraining Order filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Statement Word Count, # 2 Declaration of Erick G. Kaardal, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Exhibit(s) F, # 9 Exhibit(s) G, # 10 Exhibit(s) H, # 11 Exhibit(s) I, # 12 Exhibit(s) J)(Shuber, Jordan) (Entered: 09/28/2020) 1 Statement Word Count View on RECAP 2 Declaration of Erick G. Kaardal View on RECAP 3 Exhibit(s) A View on RECAP 4 Exhibit(s) B View on RECAP 5 Exhibit(s) C View on RECAP 6 Exhibit(s) D View on RECAP 7 Exhibit(s) E View on RECAP 8 Exhibit(s) F View on RECAP 9 Exhibit(s) G View on RECAP 10 Exhibit(s) H View on RECAP 11 Exhibit(s) I View on RECAP 12 Exhibit(s) J View on RECAP	Sept. 28, 2020	Sept. 28, 2020 Clearinghouse
6	SUMMONS Returned Executed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. Centre County served on 9/29/2020, answer due 10/20/2020. (Shuber, Jordan) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
7	SUMMONS Returned Executed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. Delaware County served on 9/29/2020, answer due 10/20/2020. (Shuber, Jordan) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
8	SUMMONS Returned Executed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. The City of Philadelphia served on 9/29/2020, answer due 10/20/2020. (Shuber, Jordan) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 RECAP
9	NOTICE of Appearance by Timothy D. Katsiff on behalf of Delaware County (Katsiff, Timothy) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
10	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Terence M Grugan on behalf of Delaware County Attorney Terence Grugan is seeking special admission. Filing fee $ 50, receipt number APAMDC-5278201.. (Grugan, Terence) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
	Docket Annotation	Oct. 1, 2020	Oct. 1, 2020 PACER
11	NOTICE of Appearance by Molly E Meacham on behalf of Centre County (Meacham, Molly) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
	DOCKET ANNOTATION: Clerk verified PA Supreme Court bar record of Attorney Terence Grugan. (lg)	Oct. 1, 2020	Oct. 1, 2020 PACER
12	SCHEDULING ORDER: Telephone Status Conference scheduled for 10/1/2020 at 3:00 PM before Honorable Matthew W. Brann. (See Order for further details.) Signed by Honorable Matthew W. Brann on 10/1/2020. (jr) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 RECAP
13	SPECIAL ADMISSION FORM APPROVED as to Attorney Terence Grugan. Signed by Honorable Matthew W. Brann on 10/1/2020. (lg) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
14	NOTICE of Appearance by Elizabeth A. Dupuis on behalf of Centre County. (Dupuis, Elizabeth) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
15	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elizabeth Wingfield on behalf of Delaware County Attorney Elizabeth Wingfield is seeking special admission. Filing fee $ 50, receipt number APAMDC-5281037.. (Wingfield, Elizabeth) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
16	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Erick G. Kaardal on behalf of All Plaintiffs Attorney Erick Kaardal is seeking special admission. Filing fee $ 50, receipt number APAMDC-5281045.. (Kaardal, Erick) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
17	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Edward D. Rogers on behalf of Delaware County Attorney Edward Rogers is seeking special admission. Filing fee $ 50, receipt number APAMDC-5281132.. (Rogers, Edward) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
	Docket Annotation	Oct. 2, 2020	Oct. 2, 2020 PACER
18	NOTICE of Appearance by Thomas W. King, III on behalf of All Plaintiffs (King, Thomas) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
	DOCKET ANNOTATION: Clerk verified PA bar record of Attorney Elizabeth Wingfield. (lg)	Oct. 2, 2020	Oct. 2, 2020 PACER
	DOCKET ANNOTATION: Clerk verified state bar records of Attorney Erick Kaardal. (lg)	Oct. 2, 2020	Oct. 2, 2020 PACER
	DOCKET ANNOTATION: Clerk verified state bar records of Attorney Edward Rogers. (lg)	Oct. 2, 2020	Oct. 2, 2020 PACER
19	SPECIAL ADMISSIONSFORM APPROVED as to Attorney Elizabeth Wingfield. Signed by Honorable Matthew W. Brann on 10/2/2020. (lg) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
20	SPECIAL ADMISSION FORM APPROVED as to Attorney Erick Kaardal. Signed by Honorable Matthew W. Brann on 10/2/2020. (lg) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
21	SPECIAL ADMISSION FORM APPROVED as to Attorney Edward Rogers. Signed by Honorable Matthew W. Brann on 10/2/2020. (lg) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
22	NOTICE of Appearance by Claire Ann Blewitt on behalf of The City of Philadelphia (Blewitt, Claire) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
23	NOTICE of Appearance by Thomas Eric Breth on behalf of All Plaintiffs (Breth, Thomas) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
24	AMENDED DOCUMENT by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. Amendment to Attorney Appearance - Entry of Appearance to Correct Errors in Document. (Breth, Thomas) Modified on 10/19/2020 (pjr). (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020 PACER
25	Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Honorable Matthew W. Brann on 10/5/2020. (jr) (Entered: 10/05/2020)	Oct. 5, 2020	Oct. 5, 2020 PACER
26	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by JERRY R DESIDERATO on behalf of The City of Philadelphia Attorney Jerry R. DeSiderato is seeking special admission. Filing fee $ 50, receipt number APAMDC-5284661.. (DESIDERATO, JERRY) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
	DOCKET ANNOTATION: Attorney DeSiderato is instructed to file a signed Code of Conduct page to accompany his Petition for Admission (the Code of Conduct page attached to the Petition is signed by Attorney Ghormoz), using the civil event > other filings > other documents > SUPPLEMENT. (Do not file another Petition or another fee will be chaged.) (lg)	Oct. 6, 2020	Oct. 6, 2020 PACER
27	Supplement by The City of Philadelphia. to 26 Petition for Special Admission - Pro Hac Vice . (DESIDERATO, JERRY) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
	Docket Annotation	Oct. 6, 2020	Oct. 6, 2020 PACER
	DOCKET ANNOTATION: Clerk verified PA bar record of Attorney Jerry DeSiderato. (lg)	Oct. 6, 2020	Oct. 6, 2020 PACER
28	PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Timothy James Ford on behalf of The City of Philadelphia Attorney Timothy J. Ford is seeking special admission. Filing fee $ 50, receipt number APAMDC-5284944.. (Ford, Timothy) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
	DOCKET ANNOTATION: Clerk verified state bar records of Attorney Timothy James Ford. (lg)	Oct. 6, 2020	Oct. 6, 2020 PACER
29	SPECIAL ADMISSION FORM APPROVED as to Attorney Timothy Ford. Signed by Honorable Matthew W. Brann on 10/6/2020. (lg) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
30	SPECIAL ADMISSION FORM APPROVED as to Attorney Jerry DeSiderato. Signed by Honorable Matthew W. Brann on 10/6/2020. (lg) (Entered: 10/06/2020)	Oct. 6, 2020	Oct. 6, 2020 PACER
32	SCHEDULING ORDER - IT IS HEREBY ORDERED that the parties shall file briefs addressing the merits of this action and the motion for temporary restraining order by 10/12/2020. TRO Hearing scheduled for 10/16/2020 at 1:30 PM in Williamsport - Courtroom 1 before Honorable Matthew W. Brann. Signed by Honorable Matthew W. Brann on 10/7/2020. (jr) (Entered: 10/07/2020)	Oct. 7, 2020	Oct. 7, 2020 PACER
33	Joint MOTION to Exceed Page Limitation by Centre County, Delaware County, The City of Philadelphia. (Attachments: # 1 Proposed Order)(Meacham, Molly) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
	DOCKET ANNOTATION: Attorney Meacham is instructed to file a Certificate of concurrence/non-concurrence of all parties for the Motion to exceed page limits using the civil event > Other Filings > Other Documents > SUPPLEMENT. Please do not refile the motion. (lg)	Oct. 9, 2020	Oct. 9, 2020 PACER
	Docket Annotation	Oct. 9, 2020	Oct. 9, 2020 PACER
34	Supplement by Centre County. to 33 Joint MOTION to Exceed Page Limitation . (Meacham, Molly) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
35	MOTION to Exceed Page Limitation Motion Seeking Authorization to Increase Page and Word Count Limits Pursuant to Rule 7.8(b)(3) by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order)(Breth, Thomas) (Entered: 10/09/2020)	Oct. 9, 2020	Oct. 9, 2020 PACER
36	NOTICE of Appearance by Erick G. Kaardal on behalf of All Plaintiffs (Kaardal, Erick) (Entered: 10/12/2020)	Oct. 12, 2020	Oct. 12, 2020 PACER
37	BRIEF IN OPPOSITION re 4 MOTION for Temporary Restraining Order filed by Centre County, Delaware County, The City of Philadelphia. (Attachments: # 1 Declaration, # 2 Exhibit(s) A to Declaration, # 3 Exhibit(s) B to Declaration, # 4 Exhibit(s) C to Declaration, # 5 Exhibit(s) D to Declaration, # 6 Exhibit(s) E to Declaration, # 7 Exhibit(s) F to Declaration, # 8 Exhibit(s) G to Declaration, # 9 Exhibit(s) H to Declaration, # 10 Proposed Order, # 11 Statement Certificate of Service, # 12 Statement Certificate of Compliance with Requested Word Count)(Ford, Timothy) (Entered: 10/12/2020) 1 Declaration View on RECAP 2 Exhibit(s) A to Declaration View on RECAP 3 Exhibit(s) B to Declaration View on PACER 4 Exhibit(s) C to Declaration View on PACER 5 Exhibit(s) D to Declaration View on PACER 6 Exhibit(s) E to Declaration View on PACER 7 Exhibit(s) F to Declaration View on PACER 8 Exhibit(s) G to Declaration View on PACER 9 Exhibit(s) H to Declaration View on PACER 10 Proposed Order View on PACER 11 Statement Certificate of Service View on PACER 12 Statement Certificate of Compliance with Requested Word Count View on PACER	Oct. 12, 2020	Oct. 12, 2020 Clearinghouse
38	AMENDED COMPLAINT against All Defendants, filed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Kaardal, Erick) (Entered: 10/12/2020)	Oct. 12, 2020	Oct. 12, 2020 PACER
39	MEMORANDUM OF LAW by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer re 5 Brief in Support,, Supplemental Memorandum in Support of Plaintiffs' Motion for TRO. (Attachments: # 1 Certificate of Concurrence)(Kaardal, Erick) (Entered: 10/12/2020) 1 Certificate of Concurrence View on PACER	Oct. 12, 2020	Oct. 12, 2020 PACER
40	AFFIDAVIT in Support re 4 MOTION for Temporary Restraining Order Second Declaration of Erick G. Kaardal filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) K (part 1), # 2 Exhibit(s) K (part 2), # 3 Exhibit(s) L, # 4 Exhibit(s) M, # 5 Exhibit(s) N, # 6 Exhibit(s) O)(Kaardal, Erick) (Entered: 10/12/2020)	Oct. 12, 2020	Oct. 12, 2020 PACER
41	Summon in a Civil Action by Pennsylvania Voters Alliance. . (Elliott, Ronald) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
42	SUMMONS ISSUED as to Kathy Boockvar and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendantin 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). (lg) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
43	ORDER granting 33 Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED that Defendants are authorized to file a brief addressing the merits of this action and the pending motion for temporary restraining order that is up to thirty (30) pages in length, or that exceeds thirty (30) pages so long as it does not exceed 10,000 words. Signed by Honorable Matthew W. Brann on 10/13/2020. (jr) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
44	ORDER granting 35 Motion for Leave to File Excess Pages. Plaintiffs are authorized, pursuant to Local Rule 7.8(b)(3), to file a brief with the lesser of thirty (30) pages in length, or no more than 10,000 words. Signed by Honorable Matthew W. Brann on 10/13/2020. (jr) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
45	MOTION Motion Pursuant to Federal Rule of Evidence 201 "Judicial Notice of Adjudicative Facts" by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Proposed Order)(King, Thomas) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
46	SUMMONS Returned Executed by Kristine Eng, Dawn Wetzel Keefer, Pennsylvania Voters Alliance, Eric Nelson, Eric Kroner, Russ Diamond, Chris Dush, David Torres, Stephanie Borowicz, Francis Ryan, Michael Harvey, Theodore A. Dannerth, Daryl Metcalfe, Dasha Pruett, Jim Gregory. Kathy Boockvar served on 10/14/2020, answer due 11/4/2020. (Shuber, Jordan) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
47	BRIEF IN OPPOSITION re 4 MOTION for Temporary Restraining Order filed by Delaware County. (Attachments: # 1 Exhibit(s), # 2 Exhibit(s), # 3 Exhibit(s), # 4 Exhibit(s), # 5 Exhibit(s))(Wingfield, Elizabeth) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
48	NOTICE of Appearance by Michele D. Hangley on behalf of Kathy Boockvar (Hangley, Michele) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
49	NOTICE of Appearance by Robert A Wiygul on behalf of Kathy Boockvar (Wiygul, Robert) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
50	NOTICE of Appearance by Stephen Moniak on behalf of Kathy Boockvar (Moniak, Stephen) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
51	MOTION for Temporary Restraining Order Against Kathy Boockvar by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Proposed Order)(King, Thomas) (Entered: 10/15/2020) 1 Proposed Order View on PACER	Oct. 15, 2020	Oct. 15, 2020 PACER
52	AFFIDAVIT re 4 MOTION for Temporary Restraining Order, 51 MOTION for Temporary Restraining Order Against Kathy Boockvar of Charles V. Cunningham filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer of Affiant Charles V. Cunningham. (King, Thomas) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
53	AFFIDAVIT re 4 MOTION for Temporary Restraining Order, 51 MOTION for Temporary Restraining Order Against Kathy Boockvar of Leslie Osche filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (King, Thomas) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
54	AFFIDAVIT re 4 MOTION for Temporary Restraining Order, 51 MOTION for Temporary Restraining Order Against Kathy Boockvar of Kim Geyer filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer of Affiant Kim Geyer. (King, Thomas) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
55	Second MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Proposed Order)(King, Thomas) (Entered: 10/15/2020)	Oct. 15, 2020	Oct. 15, 2020 PACER
56	Third MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(King, Thomas) (Entered: 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 PACER
57	Letter from Edward D. Rogers . (Attachments: # 1 Exhibit(s) A)(Wingfield, Elizabeth) (Entered: 10/16/2020)	Oct. 16, 2020	Oct. 16, 2020 PACER
58	Fourth MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order)(King, Thomas) (Entered: 10/17/2020)	Oct. 17, 2020	Oct. 17, 2020 PACER
	Docket Annotation	Oct. 19, 2020	Oct. 19, 2020 PACER
	DOCKET ANNOTATION: document 23, Notice of appearance, deleted as it was filed by counsel in the wrong case. (rw)	Oct. 19, 2020	Oct. 19, 2020 PACER
59	Fifth MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order)(King, Thomas) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
60	Sixth MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order)(King, Thomas) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
61	Seventh MOTION Judicial Notice of Adjudicative Facts Pursuant to Rule of Evidence 201 by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Proposed Order)(King, Thomas) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
62	NOTICE by The City of Philadelphia NOTICE OF SUPPLEMENTAL AUTHORITY (DESIDERATO, JERRY) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
63	BRIEF IN SUPPORT Supplemental re 4 MOTION for Temporary Restraining Order filed by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer.(King, Thomas) (Entered: 10/19/2020)	Oct. 19, 2020	Oct. 19, 2020 PACER
64	BRIEF IN OPPOSITION re 4 MOTION for Temporary Restraining Order filed by Delaware County.(Wingfield, Elizabeth) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
65	Letter from Edward D. Rogers . (Attachments: # 1 Exhibit(s) A)(Wingfield, Elizabeth) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
66	Letter from Edward D. Rogers . (Attachments: # 1 Exhibit(s) A)(Wingfield, Elizabeth) (Entered: 10/20/2020)	Oct. 20, 2020	Oct. 20, 2020 PACER
67	ORDER granting 45 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
68	ORDER granting 55 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
69	ORDER granting 56 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
70	ORDER granting 58 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
71	ORDER granting 59 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
72	ORDER granting 60 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
73	ORDER granting 61 Motion requesting the Court to take Judicial Notice of Adjudicative Facts pursuant to Rule 201 of the Federal Rules of Evidence. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
74	NOTICE of Appearance by Thomas Eric Breth on behalf of All Plaintiffs (Breth, Thomas) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
75	MEMORANDUM (Order to follow as separate docket entry) re: 38 Amended Complaint, 4 MOTION for Temporary Restraining Order, and 51 MOTION for Temporary Restraining Order Against Kathy Boockvar. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 Clearinghouse
76	ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Plaintiffs' 38 Amended Complaint is DISMISSED without prejudice. The case is DISMISSED and the Clerk of Court is directed to close the case file. Plaintiffs' 4 51 motions for a temporary restraining order are DISMISSED. Signed by Honorable Matthew W. Brann on 10/21/2020. (jr) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 Clearinghouse
78	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings, preliminary injunction held on October 16, 2020 before Judge Matthew W. Brann. Court Reporter Ervin S. Blank, Telephone number 570.490.4360, office@ervinblankassociates.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/20/2021. (Fausnaught, Lori) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
79	NOTICE OF APPEAL in NON-PRISONER Case as to 76 Order (memorandum filed previously as separate docket entry), by Stephanie Borowicz, Theodore A. Dannerth, Russ Diamond, Chris Dush, Kristine Eng, Jim Gregory, Michael Harvey, Eric Kroner, Daryl Metcalfe, Eric Nelson, Pennsylvania Voters Alliance, Dasha Pruett, Francis Ryan, David Torres, Dawn Wetzel Keefer. Filing Fee and Docket Fee PAID. Filing fee $ 505, receipt number APAMDC-5310490. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Kaardal, Erick) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
80	MANDATE of USCA as to 79 Notice of Appeal, filed by Stephanie Borowicz, Eric Nelson, Dasha Pruett, David Torres, Jim Gregory, Daryl Metcalfe, Pennsylvania Voters Alliance, Russ Diamond, Theodore A. Dannerth, Chris Dush, Kristine Eng, Dawn Wetzel Keefer, Eric Kroner, Michael Harvey, Francis Ryan. ( Caitlyn) (Entered: 12/15/2020)	Dec. 15, 2020	Dec. 15, 2020 RECAP