Case: Prisoners Legal Advocacy Network v. Carney

COMPLAINT filed against Anthony J. Albence, John Carney, and Terra Taylor (Filing fee $ 405, receipt number ADEDC-4289512.) - filed by Prisoners Legal Advocacy Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Civil Cover Sheet) (mkr) (Entered: 12/07/2023)

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Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (mkr) (Entered: 12/07/2023)

Summons Issued as to Anthony J. Albence on 12/7/2023; John Carney on 12/7/2023; and Terra Taylor on 12/7/2023. (Attachments: # 1 Summons Issued, # 2 Summons Issued) (mkr) (Entered: 12/07/2023)

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Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Prisoners Legal Advocacy Network. (vfm) (Entered: 12/08/2023)

SUMMONS Returned Executed by Prisoners Legal Advocacy Network.John Carney served on 12/8/2023, answer due 12/29/2023. (Keller, Karen) (Entered: 12/11/2023)

SUMMONS Returned Executed by Prisoners Legal Advocacy Network.Terra Taylor served on 12/8/2023, answer due 12/29/2023. (Keller, Karen) (Entered: 12/11/2023)

SUMMONS Returned Executed by Prisoners Legal Advocacy Network.Anthony J. Albence served on 12/11/2023, answer due 1/2/2024. (Keller, Karen) (Entered: 12/11/2023)

Case Assigned/Reassigned

Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb)

NOTICE of Appearance by Dwayne Julian Bensing on behalf of Prisoners Legal Advocacy Network (Bensing, Dwayne) (Entered: 12/14/2023)

MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order - filed by Prisoners Legal Advocacy Network. (Attachments: # 1 Text of Proposed Order)(DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023)

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OPENING BRIEF in Support re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order filed by Prisoners Legal Advocacy Network.Answering Brief/Response due date per Local Rules is 12/29/2023. (DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023)

DECLARATION of Emily S. DiBenedetto re 10 Opening Brief in Support of Plaintiff's Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order by Prisoners Legal Advocacy Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(DiBenedetto, Emily) Modified on 12/15/2023 (mdb). (Entered: 12/15/2023)

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MOTION for Pro Hac Vice Appearance of Attorney Jonathan Topaz, Casey Smith, Sophia Lin Lakin, Stephen D. Hibbard, Aaron M. Francis, Seth H. Victor, Dixie M. Morrison, Michael J. Lebowich and Godfre O. Blackman - filed by Prisoners Legal Advocacy Network. (DiBenedetto, Emily) (Entered: 12/20/2023)

Summons Issued as to Attorney General for the State of Delaware. (smg) (Entered: 12/20/2023)

SO ORDERED

SO ORDERED re 12 MOTION for Pro Hac Vice Appearance of Attorney Jonathan Topaz, Casey Smith, Sophia Lin Lakin, Stephen D. Hibbard, Aaron M. Francis, Seth H. Victor, Dixie M. Morrison, Michael J. Lebowich and Godfre O. Blackman filed by Prisoners Legal Advocacy Network. ORDERED by Judge Maryellen Noreika on 12/20/2023. (dlw)

SUMMONS Returned Executed on December 21, 2023 as to Attorney General - Delaware Department of Justice. (DiBenedetto, Emily) (Entered: 12/21/2023)

Pro Hac Vice Attorneys Casey K. Smith, Jonathan S. Topaz, Sophia L. Lakin, Seth H. Victor, Stephen D. Hibbard, Aaron M. Francis, Michael J. Lebowich, Godfre O. Blackman, and Dixie M. Morrison for Prisoners Legal Advocacy Network added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)

Add Attorneys - PHV only

Case Assigned/Reassigned

Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (rjb)

STIPULATION Governing Response to Complaint and Motion by Prisoners Legal Advocacy Network. (Keller, Karen) (Entered: 01/12/2024)

NOTICE of Appearance by Zi-Xiang Shen on behalf of Anthony J. Albence, John Carney, Terra Taylor (Shen, Zi-Xiang) (Entered: 01/17/2024)

NOTICE of Appearance by Kenneth Lee-Kay Wan on behalf of Anthony J. Albence, John Carney, Terra Taylor (Wan, Kenneth) (Entered: 01/17/2024)

SO ORDERED, re 15 Stipulation Governing Response to Complaint and Motion. (* Set Briefing Schedule re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order: Answering Brief due 2/16/2024; Reply Brief due 3/8/2024). Ordered by Judge Jennifer L. Hall on 1/17/2024. (ceg) (Entered: 01/17/2024)

ORAL ORDER Setting Hearing on Motion: A hearing on the pending Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order (D.I. 9 ) is scheduled for April 19, 2024 at 01:00 PM in Courtroom 6D before Judge Jennifer L. Hall. Ordered by Judge Jennifer L. Hall on 1/17/2024. (ceg) (Entered: 01/17/2024)

Order Setting Hearing on Motion

NOTICE of Appearance by Andrew Bernstein on behalf of Prisoners Legal Advocacy Network (Bernstein, Andrew) (Entered: 02/06/2024)

- CORRECTING ENTRY

CORRECTING ENTRY: D.I. 20 has been previously deleted per counsels request. Counsel will re-file with the correct name listed in the Notice of Appearance docket text. (apk)

ANSWERING BRIEF in Opposition re 9 MOTION for Early Preliminary Injuction Hearing Date MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Anthony J. Albence, John Carney, Terra Taylor. Reply Brief due date per Stipulation at 18 is 3/8/2024. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Entered: 02/16/2024)

DECLARATION of Anthony J. Albencere re 21 Answering Brief in Opposition, by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Additional attachment(s) added on 2/20/2024: # 1 Exhibits E-G) (ceg). (Entered: 02/20/2024)

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DECLARATION of Terra Taylor re 21 Answering Brief in Opposition, by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) Modified on 2/20/2024 (ceg). (Additional attachment(s) added on 2/20/2024: # 1 Exhibits A-D) (ceg). (Entered: 02/20/2024)

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- CORRECTING ENTRY

CORRECTING ENTRY: The declarations and their exhibits filed as attachments to the brief at D.I. 21 have been removed. Briefs and declarations are to be filed independent of each other. The declarations are to be refiled at new transaction numbers. (ceg)

CORRECTING ENTRY: D.I. 24 has been removed from the docket. Exhibits A-D filed at that entry have been added to the filing at D.I. 23 . Exhibits E-G filed at that entry have been added to the filing at D.I. 22 . (ceg)

MOTION for Zi-Xiang Shen to Withdraw as Attorney - filed by Anthony J. Albence, John Carney, Terra Taylor. (Shen, Zi-Xiang) (Entered: 02/23/2024)

Remark

Remark: The filing at D.I. 24 is being treated as a Notice to Withdraw. A motion was not required as the party is still being represented by local counsel. (ceg)

REPLY BRIEF re 9 MOTION for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order filed by Prisoners Legal Advocacy Network. (Keller, Karen) Modified on 3/8/2024 (ceg). (Entered: 03/08/2024)

DECLARATION re 25 Reply Brief [Declaration of Paul Stanley Holdorf in Support of Plaintiff's Reply in Support of Its Motion for a Preliminary Injunction] by Prisoners Legal Advocacy Network. (Keller, Karen) (Entered: 03/08/2024)

NOTICE of Appearance by Lynn A. Kelly on behalf of Anthony J. Albence, John Carney, Terra Taylor. (vfm) (Entered: 04/08/2024)

Remark

Remark: The hearing on the pending Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order (D.I. 9) scheduled for April 19, 2024 at 01:00 PM before Judge Hall will be in Courtroom 6C. (ceg)

Motion Hearing

Minute Entry for proceedings held before Judge Jennifer L. Hall - Motion Hearing held on 4/19/2024 re 9 Motion for Early Preliminary Injunction Hearing Date, Preliminary Injunction, and Temporary Restraining Order. (*Court Reporter Stacy Ingram.) (ceg)

ORAL ORDER: Having reviewed the Complaint (D.I. 1), the briefing on Plaintiff's motion for a preliminary injunction (D.I. 9-11, 21-23, 25-26), and the relevant case law, and having held a hearing on April 19, 2024, the Court has concerns about Plaintiff's standing and whether the Court has subject matter jurisdiction over this case. The Court also has concerns about the fact that Plaintiff's claim to relief rests on a particular interpretation of Delaware state law that is not only contrary to the interpretation of Defendants (who are charged with enforcing that law), it has also never been adopted by any Delaware Court. Because the Court has an independent obligation to ensure that it has subject matter jurisdiction, see Ellison v. American Board of Orthopaedic Surgery, 11 F.4th 200, 20405 (3d Cir. 2021), and because the Delaware Supreme Court has the final say about what the Delaware state constitution and laws require, Plaintiff is HEREBY ORDERED TO SHOW CAUSE (1) why this case should not be dismissed for lack of subject matter jurisdiction because Plaintiff lacks standing; and (2) if the Court does have jurisdiction, why it should not certify a question to the Delaware Supreme Court. Accordingly, on or before June 20, 2024, Plaintiff shall submit a brief addressing (i) whether Plaintiff has an injury-in-fact that is concrete, fairly traceable to Defendants' conduct, and redressable by this Court; and (ii) if Plaintiff does have standing, whether the Court should certify a question of law to the Delaware Supreme Court and how that question should be phrased. Defendants shall file a responsive brief within 14 days thereafter. The parties' briefs shall be no longer than 20 pages, exclusive of supporting evidence (including evidence that Defendants will or will not prosecute eligible incarcerated individuals for voting or attempting to vote by absentee ballot in the 2024 election). Ordered by Judge Jennifer L. Hall on 6/6/2024. (ceg) (Entered: 06/06/2024)

Order to Show Cause

SUPPLEMENTAL BRIEF Addressing Plaintiff's Standing and Certification to the Delaware Supreme Court, filed by Prisoners Legal Advocacy Network. (DiBenedetto, Emily) Modified on 6/20/2024 (ceg). (Entered: 06/20/2024)

Supplemental BRIEF regarding Standing and Certification to the Delaware Supreme Court, filed by Anthony J. Albence, John Carney, Terra Taylor. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kelly, Lynn) Modified on 7/5/2024 (ceg). (Entered: 07/05/2024)

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NOTICE of Appearance by Julia Christina Mayer on behalf of Anthony J. Albence, John Carney (Mayer, Julia) (Entered: 08/12/2024)

NOTICE of Withdrawal as Counsel by Anthony J. Albence, John Carney, Terra Taylor (Wan, Kenneth) (Entered: 08/21/2024)

ORAL ORDER Setting Teleconference: A teleconference is scheduled for August 23, 2024, at 3:00 PM, at which time the Court intends to issue from the bench its ruling on the pending motion (D.I. 9 ). Oral argument is not needed. The parties shall dial the Court's conference line at (877) 336-1829, access code: 7090640. Ordered by Judge Jennifer L. Hall on 8/22/2024. (ceg) (Entered: 08/22/2024)

Order Setting Teleconference

ORDER: For the reasons stated from the bench today, August 23, 2024, the Court concludes that it lacks subject matter jurisdiction over this action. THEREFORE, IT IS HEREBY ORDERED that this case is DISMISSED without prejudice. (***Civil Case Terminated). Signed by Judge Jennifer L. Hall on 8/23/2024. (ceg) (Entered: 08/23/2024)

Telephone Conference

Minute Entry for proceedings held before Judge Jennifer L. Hall - Teleconference held on 8/23/2024. (Court Reporter: Stacy Ingram.) (twk)

Official Transcript of Hearing held on 04-19-24 before Judge Hall. Court Reporter Stacy Ingram,Email: stacy_ingram@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/27/2024. Release of Transcript Restriction set for 1/27/2025. (Ingram, Stacy) (Entered: 10/27/2024)

Official Transcript of Teleconference held on 08-23-2024 before Judge Hall. Court Reporter Stacy Ingram,Email: stacy_ingram@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/27/2024. Release of Transcript Restriction set for 1/27/2025. (Ingram, Stacy) (Entered: 10/27/2024)