Case: Dondiego, Et Al & Lehigh County Board Of , Et Al

Bausch v. Lehigh County Board of Elections

Dondiego et al. v. Lehigh County Board Of Elections et al.

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number APAEDC-15951510.), filed by RHODA EMEFA AMEDEKU, RUTHANN BAUSCH, BERNARD BOAKYE BOATENG, LISA DANNER, MARCIA DAY DONDIEGO, JUDITH REED, LORI RIEKER, DANIEL STROHLER, SHARON STROHLER. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(MOBILIO, MATTHEW) (Attachment 1 replaced on 5/31/2022) (sbt). (Attachment 2 replaced on 5/31/2022) (sbt). Modified on 5/31/2022 (md). (Entered: 05/31/2022)

1 Civil Cover Sheet

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2 Designation Form

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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9 Exhibit

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11 Exhibit

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Emergency MOTION for Temporary Restraining Order filed by RHODA EMEFA AMEDEKU, RUTHANN BAUSCH, BERNARD BOAKYE BOATENG, LISA DANNER, MARCIA DAY DONDIEGO, JUDITH REED, LORI RIEKER, DANIEL STROHLER, SHARON STROHLER, Brief. (Attachments: # 1 Brief)(MOBILIO, MATTHEW) Modified on 5/31/2022 (md). (Entered: 05/31/2022)

Proposed Pretrial Order by RHODA EMEFA AMEDEKU, RUTHANN BAUSCH, BERNARD BOAKYE BOATENG, LISA DANNER, MARCIA DAY DONDIEGO, JUDITH REED, LORI RIEKER, DANIEL STROHLER, SHARON STROHLER. (MOBILIO, MATTHEW) Modified on 5/31/2022 (md). (Entered: 05/31/2022)

EXHIBIT Designation Form by RHODA EMEFA AMEDEKU, RUTHANN BAUSCH, BERNARD BOAKYE BOATENG, LISA DANNER, MARCIA DAY DONDIEGO, JUDITH REED, LORI RIEKER, DANIEL STROHLER, SHARON STROHLER. (MOBILIO, MATTHEW) Modified on 5/31/2022 (md). (Entered: 05/31/2022)

Summons Issued as to LEIGH M. CHAPMAN, LEHIGH COUNTY BOARD OF ELECTIONS, NORTHAMPTON COUNTY BOARD OF ELECTIONS. Forwarded To: Counsel on 5/31/22 (er) (Entered: 05/31/2022)

NOTICE OF STATUS CONFERENCE. TAKE NOTICE, that a Telephone Status Conference, in the above case has been set as follows: Lead counsel shall appear VIA TELEPHONE for a Status Conference in the above-captioned matter on Tuesday, May 31, 2022 at 4:30 PM, at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. (er) (Entered: 05/31/2022)

Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER: a Telephonic Status Conference held on 5/31/22. Court Reporter: None. (er) (Entered: 06/01/2022)

NOTICE OF STATUS CONFERENCE. TAKE NOTICE, that a Telephone Status Conference, in the above case has been set as follows: Lead counsel shall appear VIA TELEPHONE for a Status Conference in the above-captioned matter on Wednesday, June 1, 2022 at 10:00 AM, at the United States District Court located at 504 West Hamilton Street, Suite 4701, Allentown, Pennsylvania. (er) (Entered: 06/01/2022)

Attorney Required Forms

Attorneys are required by local rule to complete and file both a Civil Cover Sheet and a Designation Form. Plaintiff's counsel is directed to file COMPLETED designation form in this case using the Exhibit docket event. (sbt)

Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER: a Telephone Status Conference held on 6/1/22. Court Reporter: None. (er) (Entered: 06/01/2022)

(DOCKETED IN ERROR, DUPLICATE OF DOC. 9 ) Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Status Conference held on 6/1/22. (mas) Modified on 6/1/2022 (mas). (Main Document 10 replaced on 6/1/2022) (mas). Modified on 6/2/2022 (md). (Entered: 06/01/2022)

ORDER THAT PER AGREEMENT OF THE PARTIES, DEFENDANTS LEHIGH COUNTY BOARD OF ELECTIONS AND NORTHAMPTON COUNTY BOARD OF ELECTIONS ARE SPECIFICALLY DIRECTED NOT TO FINALLY CERTIFY THE RETURNS OF THE 2022 PRIMARY ELECTION DURING THE PENDENCY OF THIS LITIGATION. THE COURT WILL STAY CONSIDERATION OF PLAINTIFFS REQUEST FOR TEMPORARY RESTRAINING ORDER IN LIGHT OF DEFENDANTS AGREEMENT NOT TO FINALLY CERTIFY THE ELECTION. DEFENDANTS SHALL FILE ANSWERS TO THE COMPLAINT ON OR BEFORE JUNE 10, 2022. PLAINTIFFS AND DEFENDANTS SHALL EACH FILE SIMULTANEOUS MOTIONS FOR SUMMARY JUDGMENT AND BRIEFS IN SUPPORT ON JUNE 10, 2022. MOTIONS FOR SUMMARY JUDGMENT SHALL BE FILED IN ACCORDANCE WITH JUDGE GALLAGHERS POLICIES AND PROCEDURES. THE PARTIES SHALL FILE RESPONSIVE BRIEFS TO THE MOTIONS FOR SUMMARY JUDGMENT ON OR BEFORE JUNE 17, 2022. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/1/22. 6/1/22 ENTERED AND COPIES MAILED AND E-MAILED BY COURTROOM DEPUTY.(mas) (Entered: 06/01/2022)

NOTICE of Appearance by KATHLEEN A. MULLEN on behalf of LEIGH M. CHAPMAN with COS(MULLEN, KATHLEEN) (Entered: 06/01/2022)

NOTICE of Appearance by SARAH M. MURRAY on behalf of LEHIGH COUNTY BOARD OF ELECTIONS with Certificate of Service(MURRAY, SARAH) (Entered: 06/03/2022)

Letter dated 06/03/2022 by LEIGH M. CHAPMAN. (MULLEN, KATHLEEN) (Entered: 06/03/2022)

ORDER THAT PARAGRAPH 1 OF THIS COURTS ORDER OF JUNE 1, 2022 (ECF NO. 11) IS AMENDED AS FOLLOWS: 1. PER AGREEMENT OF THE PARTIES, DEFENDANTS LEHIGH COUNTY BOARD OF ELECTIONS AND NORTHAMPTON COUNTY BOARD OF ELECTIONS ARE SPECIFICALLY DIRECTED NOT TO FINALLY CERTIFY THE RETURNS IN THE 2022 DEMOCRATIC PRIMARY FOR STATE SENATE DISTRICT 14 AND ANY OTHER RACES FOR WHICH THE ISSUES RAISED IN THIS LITIGATION MAY BE OUTCOME-DETERMINATIVE DURING THE PENDENCY OF THIS LITIGATION. THE REMAINDER OF THE ORDER REMAINS IN FULL FORCE AND EFFECT. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/3/22. 6/3/22 ENTERED AND COPIES MAILED (NOT MAILED TO UNREP) AND E-MAILED.(er) (Entered: 06/03/2022)

ORDER THAT AN IN-PERSON EVIDENTIARY HEARING IS SCHEDULED FOR WEDNESDAY, JUNE 8, 2022, AT 9:00 A.M., IN THE EDWARD N. CAHN FEDERAL BUILDING, IN COURTROOM 4B, UNITED STATES DISTRICT COURT LOCATED AT 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA 18104. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/3/22. 6/3/22 ENTERED AND COPIES (NOT MAILED TO UNREP) E-MAILED.(er) (Entered: 06/03/2022)

MOTION to Intervene filed by REPUBLICAN PARTY OF PENNSYLVANIA, REPUBLICAN NATIONAL COMMITTEE.Brief. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order Proposed Order)(KING, THOMAS) (Entered: 06/06/2022)

Memorandum in Support of Motion to Intervene re 17 MOTION to Intervene filed by REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF PENNSYLVANIA. (KING, THOMAS) (Entered: 06/06/2022)

APPLICATION for Admission Pro Hac Vice of Christine P. Sun by LEIGH M. CHAPMAN. ( Filing fee $ 40 receipt number APAEDC-15964192.). (MULLEN, KATHLEEN) (Entered: 06/06/2022)

APPLICATION for Admission Pro Hac Vice of Marina Eisner by LEIGH M. CHAPMAN. ( Filing fee $ 40 receipt number APAEDC-15964849.). (MULLEN, KATHLEEN) (Entered: 06/06/2022)

APPLICATION for Admission Pro Hac Vice of Spencer G. Scharff by LEIGH M. CHAPMAN. ( Filing fee $ 40 receipt number APAEDC-15964894.). (MULLEN, KATHLEEN) (Entered: 06/06/2022)

ORDER THAT THE APPLICTION OF ATTORNEY CHRISTINE P. SUN IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/6/22. 6/6/22 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(mas) (Entered: 06/06/2022)

ORDER THAT THE APPLICATION FOR ATTORNEY MARINA EISNER IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/6/22. 6/6/22 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(mas) (Entered: 06/06/2022)

ORDER THAT THE APPLICATION FOR ATTORNEY SPENCER G. SCHARFF IS GRANTED. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/6/22. 6/6/22 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(mas) (Entered: 06/06/2022)

Remark

DOC. 15 AND 16 MAILED TO UNREP. (sg)

MOTION to Intervene filed by NICK MILLER.. (Attachments: # 1 Brief, # 2 Exhibit A: Proposed Pleading, # 3 Text of Proposed Order, # 4 Certificate of Service)(FORD, TIMOTHY) (Entered: 06/07/2022)

1 Brief

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2 Exhibit A: Proposed Pleading

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3 Text of Proposed Order

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4 Certificate of Service

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NOTICE of Appearance by RICHARD EUGENE SANTEE on behalf of NORTHAMPTON COUNTY BOARD OF ELECTIONS, NORTHAMPTON COUNTY BOARD OF ELECTIONS (SANTEE, RICHARD) (Entered: 06/07/2022)

STIPULATION Joint Stipulation of Facts by LEHIGH COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F)(MURRAY, SARAH) (Entered: 06/07/2022)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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NOTICE of Appearance by JOSHUA S. MAZIN on behalf of LEHIGH COUNTY BOARD OF ELECTIONS (MAZIN, JOSHUA) (Entered: 06/07/2022)

NOTICE of Appearance by LUCAS JOHN REPKA on behalf of LEHIGH COUNTY BOARD OF ELECTIONS (REPKA, LUCAS) (Entered: 06/07/2022)

PETITION TO INTERVENE, EXHIBTS, BRIEF by JARRETT COLEMAN. (Attachments: # 1 Exhibit, # 2 Brief, # 3 Text of Proposed Order)(rf, ) (Entered: 06/07/2022)

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2 Brief

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3 Text of Proposed Order

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ORDER THAT THE MOTION TO INTERVENE FILED BY THE REPUBLICAN PARTY OF PENNSYLVANIA AND THE REPUBLICAN NATIONAL COMMITTEE (COLLECTIVELY, THE "REPUBLICAN COMMITTEES") (ECF NO. 17), IS GRANTED. THE REPUBLICAN COMMITTEES ARE HEREBY GRANTED INTERVENOR STATUS AS DEFENDANTS IN THIS CASE. THE CLERK IS DIRECTED TO FILE THE REPUBLICAN COMMITTEES' ANSWER AND AFFIRMATIVE DEFENSES (ECF NO. 17-1). SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/7/22.6/8/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 06/08/2022)

ANSWER AND AFFIRMATIVE DEFENSES by REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF PENNSYLVANIA.(er) (Entered: 06/08/2022)

ORDER THAT MOTION TO INTERVENE FILED BY NICK MILLER (ECF NO. 25), IS GRANTED. NICK MILLER IS HEREBY GRANTED INTERVENOR STATUS AS A PLAINTIFF IN THIS CASE. THE CLERK IS DIRECTED TO FILE THE PROPOSED JOINDER IN PLAINTIFFS' COMPLAINT (ECF NO. 25-2). SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/7/22.6/8/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 06/08/2022)

ORDER THAT THE MOTION TO INTERVENE FILED BY JARRETT COLEMAN (ECF NO. 30), IS GRANTED. JARRETT COLEMAN IS HEREBY GRANTED INTERVENOR STATUS AS A DEFENDANT IN THIS CASE. THE CLERK IS DIRECTED TO FILE THE ANSWER TO COMPLAINT ATTACHED AS EXHIBIT 1 TO THE MOTION (ECF NO. 30-1). SIGNED BY HONORABLE JOHN M. GALLAGHER ON 6/7/22. 6/8/22 ENTERED AND COPIES E-MAILED.(er) (Entered: 06/08/2022)

ANSWER TO COMPLAINT FOR DECLARATORY RELIEFAND EMERGENCY INJUNCTIVE RELIEF by JARRETT COLEMAN.(er) Modified on 6/8/2022 (er). (Entered: 06/08/2022)

Intervenor COMPLAINT, filed by NICK MILLER.(er) (Entered: 06/08/2022)

Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. Evidentiary Hearing held on 6/8/22. (mas) (Entered: 06/08/2022)

ORDER THAT THE ABOVE CAPTIONED IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE JOHN M. GALLAGHER TO THE CALENDAR OF THE HONORABLE JEFFREY L. SCHMEHL FOR FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT GEORGE V WYLESOL, CLERK OF COURT ON 6/9/22. 6/9/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/09/2022)

ORDER THAT A TELEPHONE CONFERENCE SHALL BE HELD ON TUESDAY, JUNE 14, 2022 AT 11:00 A.M. COUNSEL SHALL USE DIAL IN NUMBER 888-204-5984 ACCESS CODE 3221457. COUNSEL SHALL FOLLOW JUDGE SCHMEHLS POLICIES AND PROCEDURES WHICH CAN BE FOUND AT WWW.PAED.USCOURTS.GOV. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/9/22. 6/9/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/09/2022)

ORDER THAT THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THE ABOVE CAPTIONED CASE IS MAGISTRATE JUDGE PAMELA A. CARLOS. SIGNED BY CLERK OF COURT GEORGE V WYLESOL, CLERK OF COURT ON 6/13/22. 6/13/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/13/2022)

Minute Entry for proceedings held before HONORABLE JEFFREY L. SCHMEHL. Telephone Conference held on 6/14/22. (mas) (Entered: 06/14/2022)

ORDER THAT AN IN-PERSON EVIDENTIARY HEARING SHALL BE HELD ON TUESDAY, JUNE 21, 2022, AT 10:00 A.M., AT THE READING STATION, THE GATEWAY BUILDING, 201 PENN STREET, 5TH FLOOR, READING, PA. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/14/22. 6/14/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/14/2022)

STIPULATION OF SETTLEMENT by MARCIA DAY DONDIEGO. (MOBILIO, MATTHEW) (Entered: 06/15/2022)

STIPULATION OF SETTLEMENT by MARCIA DAY DONDIEGO. (MOBILIO, MATTHEW) (Entered: 06/15/2022)

Letter dated June 15, 2022 by MARCIA DAY DONDIEGO. (MOBILIO, MATTHEW) (Entered: 06/15/2022)

Letter dated June 15, 2022 by REPUBLICAN NATIONAL COMMITTEE, REPUBLICAN PARTY OF PENNSYLVANIA. (KING, THOMAS) (Entered: 06/15/2022)

Letter dated June 16, 2022 by MARCIA DAY DONDIEGO. (MOBILIO, MATTHEW) (Entered: 06/16/2022)

Letter dated 06/16/2022 by NORTHAMPTON COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(SANTEE, RICHARD) (Entered: 06/16/2022)

ORDER THAT THIS MATTER IS DISMISSED WITH PREJUDICE PURSUANT TO RULE 41(A)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE. THE HEARING SCHEDULED FOR JUNE 21, 2022 IS CANCELED. SIGNED BY HONORABLE JEFFREY L. SCHMEHL ON 6/16/22. 6/16/22 ENTERED AND COPIES E-MAILED.(mas) (Entered: 06/16/2022)