Case: Stein v. Cortes

2:16-cv-06287 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Dec. 15, 2016

Closed Date: April 29, 2020

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Case Summary

On December 5, 2016, plaintiffs, who consisted of the Green Party presidential candidate and a Pennsylvania voter that had voted in the 2016 presidential election (collectively, the “Plaintiffs”), filed a complaint for declaratory and injunctive relief against the Secretary of the Commonwealth of Pennsylvania and the Commissioner of the Bureau of Commissions, Elections and Legislation of Pennsylvania (collectively, the “Defendants”). Both Defendants worked for the Pennsylvania Department of State and oversaw Pennsylvania elections. The complaint was filed in the U.S. District Court for the Eastern District of Pennsylvania and was assigned to District Judge Paul S. Diamond. On the date the original complaint was filed, a motion to intervene was made by all of the Pennsylvania electors of President-Elect Donald Trump and Vice-President-Elect Michael Pence, and the Republican Party of Pennsylvania. The motion to intervene was granted the following day on December 6, 2016.

The Plaintiffs alleged that the Defendants implemented and maintained a deficient voting system that was fundamentally unfair and therefore threatened to deprive Pennsylvania voters of their fundamental right to vote. The initial complaint requested invalidation of significant parts of Pennsylvania’s Election Code and a mandatory two-part injunction. The first part of the injunction would require recounts of votes cast in the 2016 presidential election in Pennsylvania, and the second part of the injunction would allow Plaintiffs the ability to conduct forensic examination of Pennsylvania’s electronic voting machines. The Plaintiffs also requested reimbursement for disbursements, costs and attorneys’ fees.

The district court denied the Plaintiffs’ request for injunction on December 12, 2016, on several grounds. First, the district court stated that there was no credible evidence that a “hack” occurred, while there was compelling evidence that Pennsylvania’s voting system was not in any way compromised. In addition, the district court noted the Plaintiffs’ lack of standing, the Plaintiffs’ prejudicial, unexplained delay in seeking a recount, and the likely absence of federal jurisdiction. Finally, the district court pointed out that if it granted the injunction, Pennsylvania would not be able to certify its presidential election vote by December 13, 2016 (as required by federal law), thus disenfranchising some six million Pennsylvania voters. (The order and supporting memorandum can be found at 223 F. Supp. 3d 423 and 2016 WL 7188228).

The original complaint was amended on February 14, 2017 to add: (a) additional plaintiffs that voted in Montgomery County, Pennsylvania, along with the allegations regarding what each additional voter experienced when voting in the 2016 presidential election, (b) a section explaining why the various Plaintiffs had standing to sue, (c) information about specific types of electronic voting machines used in Pennsylvania and various reports on the vulnerabilities of these electronic voting machines, and (d) a fourth cause of action (as noted below).

The Plaintiffs brought four specific causes of action against the Defendants. The first cause of action was a violation of 42 U.S.C. §1983 and the Fourteenth Amendment’s Equal Protection Clause. The second cause of action was a violation of 42 U.S.C. §1983 and the Fourteenth Amendment’s Due Process Clause. The third cause of action was a violation of 42 U.S.C. §1983 and the First Amendment. The fourth cause of action was a violation of 42 U.S.C. §1983 and the Fourteenth Amendment’s Due Process and Equal Protection Clauses.

Some of the Plaintiffs specific allegations were as follows. First, that 85% of Pennsylvania voters vote on machines that use direct electronic recording (“DRE”) with no paper trail. Second, the 2016 presidential election was subject to an unprecedented number of cyberattacks, including some successful infiltrations (e.g., of the voter registration systems in Illinois and Arizona, and into the email system of the Democratic National Committee). Third, the ability to request a recount of any voting district or the entire state of Pennsylvania was basically illusory due to a patchwork of antiquated and fundamentally unfair election laws. In this regard, the Plaintiffs pointed out some inconsistencies in the Pennsylvania Election Code regarding deadlines for requesting recounts along with the significant cost of requesting a recount.

The Plaintiffs requested a declaration that certain provisions of the Pennsylvania Election Code violate the Equal Protection Clause, Due Process Clause and the First Amendment, followed by a request to (a) enjoin preliminarily and permanently the Defendants from enforcing such sections of the Pennsylvania Election Code, (b) allow a recount of paper ballots in optical scan counties, (c) permit Plaintiffs a reasonable amount of time to do a thorough, forensic examination of a reasonable sample of DRE voting systems in Pennsylvania, and (d) award Plaintiffs disbursements, costs and attorneys’ fees.

On November 28, 2018, the parties filed a Settlement Agreement with the district court. As a result, the district court dismissed the complaint with prejudice on November 29, 2018, while retaining jurisdiction only to enforce the Settlement Agreement. The Settlement Agreement required that:

(1) New voting systems in Pennsylvania would only be certified if (a) the ballot on which each vote is recorded is paper, (b) they produce a voter-verifiable record of each vote, and (c) they are capable of supporting a robust pre-certification auditing process. (It should be noted that a voter verifiable paper audit trail (“VVPAT”) receipt generated by a DRE machine is not a paper ballot under the Settlement Agreement).

(2) The new voting systems would be implemented by the 2020 primaries, so that every Pennsylvania voter in 2020 used a voter-verifiable paper ballot.

(3) The Plaintiffs would be able to appoint a designee that would be able to observe the certification process for each new voting system.

(4) Before election results are certified, an audit must be completed in accordance with best practices. If the initial audit fails to rule out all errors that could alter the outcome of the election, additional measures must be undertaken before the election results are certified. The Plaintiffs shall have the right to designate up to 10%, and at least one person, of the audit committee.

(5) Defendants agreed to pay $150,000 of Plaintiffs’ attorneys’ fees.

The Defendants claimed that the Settlement Agreement reflected decisions it had made well before this lawsuit to replace Pennsylvania’s aging voting equipment in the next few years with modern machines that included a paper record that a voter could review. Thus, in the Defendants’ opinion, the Settlement Agreement was not requiring it to do anything it had not already planned to do, except pay Plaintiffs’ attorneys’ fees.

On November 26, 2019, Plaintiffs filed a motion to enforce the Settlement Agreement. The Plaintiffs claimed that 4,000 voting machines in Philadelphia (the “XLs”) were in violation of the Settlement Agreement and thus asked the district court to prohibit them from being used in the 2020 presidential election. A hearing was held in February of 2020. The district court denied the Plaintiffs' motion in this regard after finding the use of the XL voting machines in Philadelphia did comply with the Settlement Agreement. The district court also concluded that the motion was barred by “laches” which is used by courts of equity to protect defendants against unreasonable, prejudicial delay in commencing suit. In this regard, the district court pointed out that the Plaintiffs knew the XL voting machines had been approved at the time the Settlement Agreement was entered into on November 28, 2018. Yet, the motion to enforce the Settlement Agreement was not filed until November 26, 2019 (i.e., almost a full year later). Per the district court, if the district court were to grant the motion filed on November 26, 2019, Philadelphia’s one million registered voters in 2020 would be disenfranchised as Philadelphia would not have sufficient time to replace the at issue voting machines.

	Document
02 2:16-cv-06287	Order	Dec. 5, 2016	Dec. 5, 2016 Order/Opinion
01 2:16-cv-06287	Complaint for Declaratory and Injunctive Relief	Dec. 5, 2016	Dec. 5, 2016 Complaint
4 2:16-cv-06287	Proposed Order Reitz v. Cortes	Dec. 6, 2016	Dec. 6, 2016 Order/Opinion
05 2:16-cv-06287	Plaintiffs' Memo of Law in Support of Motion for Preliminary Injuction	Dec. 6, 2016	Dec. 6, 2016 Pleading / Motion / Brief
6 2:16-cv-06287	Declaration in Support of Motion for Preliminary Injunction Reitz v. Cortes	Dec. 6, 2016	Dec. 6, 2016 Declaration/Affidavit
42 2:16-cv-06287	Order Denying Motion for Preliminary Injunction	Dec. 8, 2016	Dec. 8, 2016 Order/Opinion
41 2:16-cv-06287	Amicus Curiae Brief of Edwin D. Schindler, ESQ. in Opposition to Plaintiff's Motion for Preliminary Injunction on the Ground that Plaintiffs' Lack Article III Standing, Thereby Compelling Denial of the Motion and Dismissal of the Complaint	Dec. 8, 2016	Dec. 8, 2016 Pleading / Motion / Brief
34 2:16-cv-06287	Motion of the American Center for Law and Justice for Leave to File its Amicus Curiae Brie	Dec. 8, 2016	Dec. 8, 2016 Pleading / Motion / Brief
38 2:16-cv-06287	PRESIDENT-ELECT DONALD TRUMP; VICE PRESIDENT-ELECT MICHAEL PENCE; ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE PRESIDENT-ELECT MICHAEL PENCE; DONALD J. TRUMP FOR PRESIDENT, INC.; AND THE REPUBLICAN PARTY OF PENNSYLVANIA RESPONSE IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION	Dec. 8, 2016	Dec. 8, 2016 Pleading / Motion / Brief
46 2:16-cv-06287	Brief Amicus Curiae of Pennsylvania Senate Majority Caucus	Dec. 9, 2016	Dec. 9, 2016 Pleading / Motion / Brief

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against PEDRO A. CORTES, JONATHAN MARKS ( Filing fee $ 400 receipt number PPE151082), filed by JILL STEIN, RANDALL REITZ. (Attachments: # 1 Civil Cover Sheet)(jmv, ) (Entered: 12/05/2016) 1 Civil Cover Sheet View on RECAP	Dec. 5, 2016	Dec. 5, 2016 Clearinghouse
	Summons Issued as to PEDRO A. CORTES, JONATHAN MARKS. Forwarded To: 2 Origs given to counsel on 12/5/16 (jmv, )	Dec. 5, 2016	Dec. 5, 2016 PACER
2	MOTION to Intervene filed by ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE-PRESIDENT-ELECT MICHAEL PENCE, DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, THE REPUBLICAN PARTY OF PENNSYLVANIA, VICE-PRESIDENT-ELECT MICHAEL PENCE.Memorandum, Certificate of Service.(TABAS, LAWRENCE) (Entered: 12/05/2016)	Dec. 5, 2016	Dec. 5, 2016 Clearinghouse
3	ORDER THAT IF ANY PARTY OPPOSES THE MOTION, HE OR SHE SHALL FILE A RESPONSE NO LATER THAN 4:00 TUESDAY 12/6/16; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/6/16. 12/6/16 ENTERED AND E-MAILED, MAILED.(jl, ) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
4	MOTION to Expedite /Emergency Hearing for a Preliminary Injunction filed by JILL STEIN..(HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
5	Memorandum of Law in Support of Motion for a Preliminary Injunction re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER). (HARVEY, GREGORY) Modified on 12/7/2016 (fb). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
6	Declaration re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
7	Declaration re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER). (HARVEY, GREGORY) Modified on 12/7/2016 (fb). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
8	Declaration re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
9	Declaration re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Errata, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Errata, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit). (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER).(HARVEY, GREGORY) Modified on 12/7/2016 (fb). (Entered: 12/06/2016) 1 Exhibit View on RECAP 2 Exhibit View on RECAP 3 Exhibit View on RECAP 4 Exhibit View on RECAP 5 Exhibit View on RECAP 6 Exhibit View on RECAP 7 Exhibit View on RECAP 8 Exhibit View on RECAP 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Exhibit View on RECAP 12 Exhibit View on RECAP 13 Exhibit View on RECAP 14 Exhibit View on RECAP 15 Exhibit View on RECAP 16 Exhibit View on RECAP 17 Exhibit View on RECAP 18 Exhibit View on RECAP 19 Exhibit View on RECAP 20 Errata View on RECAP 21 Exhibit View on RECAP 22 Exhibit View on RECAP 23 Exhibit View on RECAP 24 Exhibit View on RECAP 25 Exhibit View on RECAP 26 Exhibit View on RECAP 27 Exhibit View on RECAP 28 Exhibit View on RECAP 29 Exhibit View on RECAP 30 Exhibit View on RECAP 31 Exhibit View on RECAP 32 Exhibit View on RECAP 33 Exhibit View on RECAP 34 Exhibit View on RECAP 35 Exhibit View on RECAP 36 Exhibit View on RECAP 37 Exhibit View on RECAP 38 Exhibit View on RECAP 39 Exhibit View on RECAP 40 Exhibit View on RECAP 41 Exhibit View on RECAP 42 Exhibit View on RECAP 43 Errata View on RECAP 44 Exhibit View on RECAP 45 Exhibit View on RECAP 46 Exhibit View on RECAP 47 Exhibit View on RECAP 48 Exhibit View on RECAP 49 Exhibit View on RECAP	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
10	AFFIDAVIT re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
11	AFFIDAVIT re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
12	AFFIDAVIT re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
13	AFFIDAVIT re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction by JILL STEIN. (HARVEY, GREGORY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
14	APPLICATION/PETITION to File Pro Hac Vice Motion by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER).(HARVEY, GREGORY) Modified on 12/7/2016 (fb). Modified on 12/8/2016 (jl, ). (FEE PAID ON 12/8/16) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
15	APPLICATION/PETITION to File Pro Hac Vice Motion by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER).(HARVEY, GREGORY) Modified on 12/7/2016 (fb). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
16	JEFFREY CUTLER MOTION TO COMBINED CASES.(jl, ) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
17	NOTICE of Appearance by SUE ANN UNGER on behalf of PEDRO A. CORTES, JONATHAN MARKS with Certificate of Service(UNGER, SUE) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
18	RESPONSE to Motion re 2 MOTION to Intervene with certificate of service filed by PEDRO A. CORTES, JONATHAN MARKS. (UNGER, SUE) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
19	APPLICATION/PETITION Substitution of Application to File Pro Hac Vice Motion of Alison Frick by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER).(HARVEY, GREGORY) Modified on 12/7/2016 (fb). Modified on 12/8/2016 (jl, ). (FEE PAID ON 12/8/16) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
20	APPLICATION/PETITION Substitution of Application to File Pro Hac Vice Motion of Douglas E. Lieb by JILL STEIN. (FILED IN ERROR BY ATTORNEY; FILING CONTAINS INCORRECT CASE NUMBER).(HARVEY, GREGORY) Modified on 12/7/2016 (fb). Modified on 12/8/2016 (jl, ) (FEE PAID ON 12/8/16). (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
21	NOTICE of Appearance by KENNETH L. JOEL on behalf of PEDRO A. CORTES, JONATHAN MARKS with Certificate of Service(JOEL, KENNETH) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
22	ORDER THAT MOVANTS PRESIDENT ELECT DONALD TRUMP, VICE PRESIDENT-ELECT MICHAEL PENCE, ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE PRESIDENT-ELECT MICHAEL PENCE, DONALD TRUMP FOR PRESIDENT, INC. AND THE REPUBLICAN PARTY OF PENNSYLVANIA'S MOTION TO INTERVENE IS GRANTED AND THEY MAY INTERVENE AS PARTIES TO THIS ACTION; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/5/16. 12/6/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 Clearinghouse
23	SCHEDULING ORDER THAT DEFENDANTS AND INTERVENORS SHALL EACH FILE A RESPONSE TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION NO LATER THAN 3:00 P.M. PLAINTIFFS SHALL DELIVER TO MY CHAMBERS HARD COPIES OF ALL MATERIALS SUBMITTED IN SUPPORT OF THEIR MOTION FOR PRELIMINARY INJUNCTION NO LATER THAN NOON ON 12/7/16. DEFENDANTS AND INTERVENORS SHALL DELIVER TO MY CHAMBERS HARD COPIES OF ALL MATERIALS FILED IN RESPONSE TO PLAINTIFF'S MOTION NO LATER THAN 6 P.M. ON 12/8/16. A HEARING IS SCHEDULED FOR 1:30 P.M. ON 12/9/16 IN COURTROOM 6B; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/6/16. 12/6/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
24	NOTICE of Appearance by TIMOTHY E. GATES on behalf of PEDRO A. CORTES, JONATHAN MARKS with Certificate of Service(GATES, TIMOTHY) (Entered: 12/06/2016)	Dec. 6, 2016	Dec. 6, 2016 RECAP
25	APPLICATION for Admission Pro Hac Vice of David M. Morrell by DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, VICE-PRESIDENT-ELECT MICHAEL PENCE.. (TABAS, LAWRENCE) Modified on 12/7/2016 (jl, ). (FEE PAID ON 12/7/16) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
26	APPLICATION for Admission Pro Hac Vice of Chad A. Readler by DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, VICE-PRESIDENT-ELECT MICHAEL PENCE.. (TABAS, LAWRENCE) Modified on 12/7/2016 (jl, ). (FEE PAID ON 12/7/16) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
27	APPLICATION/PETITION Application to File Pro Hac Vice Motion of Ilann M. Maazel by JILL STEIN. (HARVEY, GREGORY) Modified on 12/8/2016 (jl, ). (FEE PAID ON 12/8/16) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
28	APPLICATION/PETITION Application to File Pro Hac Vice Motion of Andrew G. Celli, Jr. by JILL STEIN. (HARVEY, GREGORY) Modified on 12/8/2016 (jl, ). (FEE PAID ON 12/8/16) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
29	ORDER THAT THE UNITED STATES MARSHAL SHALL REQUIRE ALL PERSONS ATTENDING THE HEARING SCHEDULED FOR 12/9/16 AT 1:30 P.M. TO TURN OFF ALL CELLULAR TELEPHONE AND ELECTRONIC DEVICES AND TO LEAVE SUCH ITEMS WITH THE SECURITY SCREENING STATION IN THE COURTHOUSE LOBBY BEFORE ENTERING COURTROOM 6-B; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/7/16. 12/7/16 ENTERED AND COPIES MAILED, E-MAILED AND COPY TO U.S. MARSHAL.(jl, ) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
30	ORDER THAT THE APPLICATION OF CHAD READLER TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/7/16. 12/7/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
31	ORDER THAT THE APPLICATION OF DAVID MORRELL TO APPEAR PRO HAC VICE IS GRANTED; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/7/16. 12/7/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
32	NOTICE of Appearance by LAWRENCE J. TABAS on behalf of ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE-PRESIDENT-ELECT MICHAEL PENCE, DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, THE REPUBLICAN PARTY OF PENNSYLVANIA, VICE-PRESIDENT-ELECT MICHAEL PENCE with Certifcate of Service(TABAS, LAWRENCE) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
33	NOTICE of Appearance by REBECCA L. WARREN on behalf of ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE-PRESIDENT-ELECT MICHAEL PENCE, DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, THE REPUBLICAN PARTY OF PENNSYLVANIA, VICE-PRESIDENT-ELECT MICHAEL PENCE with Certificate of Service(WARREN, REBECCA) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
34	First MOTION for Leave to File Amicus Curiae Brief filed by THE AMERICAN CENTER FOR LAW AND JUSTICE.Brief. (Attachments: # 1 Brief Amicus Brief, # 2 Text of Proposed Order Proposed Order)(REED, JOSHUA) (Entered: 12/08/2016) 1 Brief Amicus Brief View on RECAP 2 Text of Proposed Order Proposed Order View on RECAP	Dec. 8, 2016	Dec. 8, 2016 Clearinghouse
35	First MOTION for Pro Hac Vice Jay Alan Sekulow filed by THE AMERICAN CENTER FOR LAW AND JUSTICE.Certificate of Service.(REED, JOSHUA) Modified on 12/13/2016 (jl, ). (FEE PAID ON 12/13/16) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 RECAP
36	ORDER THAT MOVANT THE AMERICAN CENTER FOR LAW AND JUSTICE'S MOTION FOR LEAVE TO FILE AN AMICUS BRIEF IS GRANTED; ETC.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/8/16. 12/8/16 ENTERED AND COPIES MAILED, E-MAILED.(jl, ) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 Clearinghouse
37	BRIEF OF AMICUS CURIAE by THE AMERICAN CENTER FOR LAW AND JUSTICE IN SUPPORT OF DEFENDANTS AND DEFENDANT INTERVENORS, CERTIFICATE OF SERVICE. (jl, ) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 Clearinghouse
38	RESPONSE in Opposition re 4 MOTION to Expedite /Emergency Hearing for a Preliminary Injunction filed by ALL OF THE PENNSYLVANIA ELECTORS OF PRESIDENT-ELECT DONALD TRUMP AND VICE-PRESIDENT-ELECT MICHAEL PENCE, DONALD J. TRUMP FOR PRESIDENT, INC., PRESIDENT-ELECT DONALD TRUMP, THE REPUBLICAN PARTY OF PENNSYLVANIA, VICE-PRESIDENT-ELECT MICHAEL PENCE. (Attachments: # 1 Memorandum Memorandum, # 2 Exhibit 1-7, # 3 Text of Proposed Order Proposed Order, # 4 Certificate of Service Certificate of Service)(TABAS, LAWRENCE) (Entered: 12/08/2016) 1 Memorandum Memorandum View on RECAP 2 Exhibit 1-7 View on RECAP 3 Text of Proposed Order Proposed Order View on RECAP 4 Certificate of Service Certificate of Service View on RECAP	Dec. 8, 2016	Dec. 8, 2016 Clearinghouse
39	EDWIN D. SCHINDLER MOTION FOR LEAVE TO FILE AN AMICUS CURIAE BRIEF IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION TO RAISE PLAINTIFFS' LACK OF ARTICLE III STANDING, CERTIFICATE OF SERVICE..(jl, ) (Entered: 12/08/2016)	Dec. 8, 2016	Dec. 8, 2016 RECAP

Case: Stein v. Cortes

2:16-cv-06287 | U.S. District Court for the Eastern District of Pennsylvania

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