Case: 1789 Foundation, Inc. v. Schmidt

COMPLAINT against All Defendants, filed by 1789 Foundation, Inc.,( Filing fee $405, Receipt Number APAMDC-6800393), Anthony Golembiewski. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) 2020 EAVS Report, # 3 Exhibit(s) 2022 EAVS Report, # 4 Exhibit(s) CAG Records Request, # 5 Exhibit(s) Pa Response, # 6 Exhibit(s) Declaration of Eric Scharfenberger)(ll) (Entered: 10/29/2024)

1 Civil Cover Sheet

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2 Exhibit(s) 2020 EAVS Report

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3 Exhibit(s) 2022 EAVS Report

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4 Exhibit(s) CAG Records Request

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5 Exhibit(s) Pa Response

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6 Exhibit(s) Declaration of Eric Scharfenberger

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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 the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ll) (Entered: 10/29/2024)

1 Summons Packet

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First MOTION for Temporary Restraining Order by 1789 Foundation, Inc.. (Attachments: # 1 Proposed Order)(Stapp, Gregory) (Entered: 10/29/2024)

1 Proposed Order

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BRIEF IN SUPPORT re 3 First MOTION for Temporary Restraining Order filed by 1789 Foundation, Inc..(Stapp, Gregory) (Entered: 10/29/2024)

ORDER - IT IS HEREBY ORDERED: Plaintiffs shall immediately, and no later than October 30, 2024, effect service of the Complaint and summons, Motion for a Temporary Restraining Order and Preliminary Injunction, supporting brief and exhibits (Docs. 1-4), and this Order on Defendants counsel and shall promptly provide the Court with proof of service thereof. Telephone Conference set for 10/31/2024 10:00 AM before Honorable Robert D Mariani. ** SEE ORDER FOR FURTHER SPECIFICS ** Signed by Honorable Robert D Mariani on 10/29/2024. (cac) (Entered: 10/29/2024)

NOTICE of Appearance by Nicole R DiTomo on behalf of Commonwealth of Pennsylvania. (DiTomo, Nicole) (Entered: 10/30/2024)

WAIVER OF SERVICE Returned by 1789 Foundation, Inc.. Al Schmidt waiver sent on 10/30/2024, answer due 12/30/2024. (Stapp, Gregory) (Entered: 10/30/2024)

NOTICE of Appearance by Thomas Paul Howell on behalf of Al Schmidt (Howell, Thomas) (Entered: 10/30/2024)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Rachel L. Dreher on behalf of All Plaintiffs Attorney Rachel Dreher is seeking special admission Filing fee $ 50, receipt number APAMDC-6802497.. (Dreher, Rachel) (Entered: 10/30/2024)

NOTICE of Appearance by Kathleen A. Mullen on behalf of Al Schmidt (Mullen, Kathleen) (Entered: 10/30/2024)

SPECIAL ADMISSIONS FORM APPROVED as to Rachel Lee Dreher Signed by Honorable Robert D Mariani on 10/30/2024. (cac) (Entered: 10/30/2024)

DOCKET ANNOTATION: Attorney Stapp is directed to have Attorney Dreher file for special admission (or make arrangements to be generally admitted) and to request e-filing privileges through Pacer.uscourts.gov (all participating attorneys are required to be e-filers unless they petition the Chief Judge for exemption). (ea)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Nicole Cristine Pearson on behalf of 1789 Foundation, Inc., Anthony Golembiewski Attorney Nicole Pearson is seeking special admission Filing fee $ 50, receipt number APAMDC-6803274.. (Pearson, Nicole) (Entered: 10/31/2024)

COURT REPORTER NOTES OF PROCEEDINGS filed by K.Yeager of Conference Call before Judge Mariani on 10/31/2024. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Mariani on 10/31/2024. By s/ K.Yeager. (Court Reporter Notes are viewable by court staff only). (cr) (Entered: 10/31/2024)

SCHEDULING ORDER: 1) Defendants shall each file a brief in opposition to Plaintiffs' motion on or before midnight on 10/31/2024. 2) Plaintiffs shall file reply briefs to Defendants' opposition briefs on or before midnight on 11/1/2024. Signed by Honorable Robert D Mariani on 10/31/2024. (cac) (Entered: 10/31/2024)

SPECIAL ADMISSIONS FORM APPROVED as to Nicole C. Pearson Signed by Honorable Robert D Mariani on 10/31/2024. (cac) (Entered: 10/31/2024)

BRIEF IN OPPOSITION re 3 First MOTION for Temporary Restraining Order filed by Al Schmidt.(Howell, Thomas) (Entered: 10/31/2024)

BRIEF IN OPPOSITION re 3 First MOTION for Temporary Restraining Order filed by Commonwealth of Pennsylvania.(DiTomo, Nicole) (Entered: 10/31/2024)

REPLY BRIEF re 3 First MOTION for Temporary Restraining Order filed by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 11/01/2024)

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Robert D Mariani on 11/04/24. (ep) (Entered: 11/04/2024)

ORDER DENYING IN ITS ENTIRETY 3 Motion for TRO; SEE MEMO & ORDER FOR ALL INFO; Signed by Honorable Robert D Mariani on 11/04/24 (ep) (Entered: 11/04/2024)

MOTION to Intervene as Defendants by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans. (Attachments: # 1 Proposed Answer, # 2 Proposed Order)(Alerasool, Omeed) (Entered: 11/07/2024)

BRIEF IN SUPPORT re 22 MOTION to Intervene as Defendants filed by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans. (Attachments: # 1 Exhibit A - Declaration of A. Steinberg, # 2 Exhibit B - Declaration of M. Crossey)(Alerasool, Omeed) (Entered: 11/07/2024)

1 Exhibit A - Declaration of A. Steinberg

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2 Exhibit B - Declaration of M. Crossey

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DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by AFT Pennsylvania. (Alerasool, Omeed) (Entered: 11/08/2024)

DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Pennsylvania Alliance for Retired Americans. (Alerasool, Omeed) (Entered: 11/08/2024)

Mail Returned as Undeliverable. Mail (Doc. 5 ) sent to Rachel L. Dreher (ep) (Entered: 11/13/2024)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lalitha D. Madduri on behalf of AFT Pennsylvania, Pennsylvania Alliance for Retired Americans Attorney Lalitha Madduri is seeking special admission Filing fee $ 50, receipt number APAMDC-6816310.. (Madduri, Lalitha) (Entered: 11/14/2024)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Christopher D. Dodge on behalf of AFT Pennsylvania, Pennsylvania Alliance for Retired Americans Attorney Christopher Dodge is seeking special admission Filing fee $ 50, receipt number APAMDC-6816330.. (Dodge, Christopher) (Entered: 11/14/2024)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Makeba Rutahindurwa on behalf of AFT Pennsylvania, Pennsylvania Alliance for Retired Americans Attorney Makeba Rutahindurwa is seeking special admission Filing fee $ 50, receipt number APAMDC-6816345.. (Rutahindurwa, Makeba) (Entered: 11/14/2024)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by James Justin Pinchak on behalf of AFT Pennsylvania, Pennsylvania Alliance for Retired Americans Attorney James Pinchak is seeking special admission Filing fee $ 50, receipt number APAMDC-6816355.. (Pinchak, James) (Entered: 11/14/2024)

SPECIAL ADMISSIONS FORM APPROVED as to James Pinchak for AFT Pennsylvania and the Pennsylvania Alliance for Retired Americans; Signed by Honorable Robert D Mariani on 11/15/24. (ep) (Entered: 11/15/2024)

SPECIAL ADMISSIONS FORM APPROVED as to MakebaRutahindurwa for AFT Pennsylvania and the Pennsylvania Alliance for Retired Americans; Signed by Honorable Robert D Mariani on 11/15/24. (ep) (Entered: 11/15/2024)

SPECIAL ADMISSIONS FORM APPROVED as to Christopher D Dodge for AFT Pennsylvania and the Pennsylvania Alliance for Retired Americans; Signed by Honorable Robert D Mariani on 11/15/24. (ep) (Entered: 11/15/2024)

SPECIAL ADMISSIONS FORM APPROVED as to Lalitha Madduri for AFT Pennsylvania and the Pennsylvania Alliance for Retired Americans; Signed by Honorable Robert D Mariani on 11/15/24. (ep) (Entered: 11/15/2024)

NOTICE by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans re 22 MOTION to Intervene as Defendants (Madduri, Lalitha) (Entered: 11/25/2024)

ORDER GRANTING 22 Motion to Intervene. The Intervenors may file a motion pursuant to Federal Rule of Civil Procedure 12 no later than 45 days from the date of this Order. Signed by Honorable Robert D Mariani on 12/11/2024 (cac) (Entered: 12/11/2024)

ORDER - IT IS HEREBY ORDERED THAT Plaintiffs shall file a letter no later than seven (7) days from the date of this Order setting forth the status of this action. Signed by Honorable Robert D Mariani on 12/11/2024. (cac) (Entered: 12/11/2024)

NOTICE of Letter regarding Status of Litigation, filed by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 12/18/2024)

MOTION for Extension of Time to file responsive pleadings 21 days after order on Plaintiffs' Rule 15(d) motion by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Madduri, Lalitha) (Entered: 12/27/2024)

MOTION to Supplement Plaintiffs' Complaint by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 12/27/2024)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Al Schmidt.(Howell, Thomas) (Entered: 12/30/2024)

MOTION to Dismiss for Failure to State a Claim by Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(DiTomo, Nicole) (Entered: 12/30/2024)

BRIEF IN SUPPORT re 42 MOTION to Dismiss for Failure to State a Claim filed by Commonwealth of Pennsylvania.(DiTomo, Nicole) (Entered: 12/30/2024)

ORDER GRANTING 39 Motion for Enlargement of Time to file responsive pleadings. IT IS HEREBY ORDERED THAT:1.Defendants must file their answers to the Complaint, or motions pursuant to Federal Rule of Civil Procedure 12, no later than 21 days from the date of an order by this Court granting or denying Plaintiffs' motion for leave to file a supplemental complaint.2. Intervenor-Defendants, AFT Pennsylvania and the Pennsylvania Alliance for Retired Americans may file a motion pursuant to Federal Rule of Civil Procedure 12 no later than 21 days from the date of an order by this Court granting or denying Plaintiffs' motion for leave to file a supplemental complaint. Signed by Honorable Robert D Mariani on 1/3/2025 (cac) (Entered: 01/03/2025)

ORDER GRANTING 40 Plaintiff's Motion for Leave to Supplement Complaint. Plaintiff's shall file their Supplemental Complaint of record no later than 7 days from the date of this Order. ** SEE ORDER FOR FURTHER SPECIFICS ** Signed by Honorable Robert D Mariani on 1/15/2025 (cac) (Entered: 01/15/2025)

SUPPLEMENTAL COMPLAINT by 1789 Foundation, Inc.. 45 Order on Motion to Supplement, Supplemental Complaint. (Attachments: # 1 Exhibit(s) Records Request, # 2 Exhibit(s) Interim Response, # 3 Exhibit(s) Response with Data, # 4 Exhibit(s) 2020 EAVS Report, # 5 Exhibit(s) 2022 EAVS Report)(Stapp, Gregory) Modified on 1/24/2025 (cac). (Entered: 01/22/2025)

1 Exhibit(s) Records Request

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2 Exhibit(s) Interim Response

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3 Exhibit(s) Response with Data

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4 Exhibit(s) 2020 EAVS Report

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5 Exhibit(s) 2022 EAVS Report

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WITHDRAWAL OF ATTORNEY APPEARANCE - Attorney Makeba Rutahindurwa terminated on behalf of AFT Pennsylvania and Pennsylvania Alliance for Retired Americans. (Madduri, Lalitha) (Entered: 01/24/2025)

ORDER re: 41 DISMISSED AS MOOT Defendant Schmidt's Motion to Dismiss ; 42 DISMISSED AS MOOT Commonwealth of Pennsylvania's Motion to Dismiss. 3.All defendants shall comply with the Courts Order of 1/3/2025 (Doc. 44) directing Defendants to file their answers to the Complaint or other responsive pleadings no later than 21 days from the date of this Courts disposition of Plaintiffs motion to supplement their complaint, i.e. on or before 2/5/2025. Signed by Honorable Robert D Mariani on 1/29/2025 (cac) (Entered: 01/29/2025)

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans. (Attachments: # 1 Proposed Order)(Madduri, Lalitha) (Entered: 02/05/2025)

MOTION to Dismiss for Failure to State a Claim within Supplemental Complaint, MOTION to Dismiss for Lack of Jurisdiction within Supplemental Complaint by Al Schmidt. (Attachments: # 1 Proposed Order)(Howell, Thomas) (Entered: 02/05/2025)

MOTION to Dismiss by Commonwealth of Pennsylvania. (Attachments: # 1 Proposed Order)(DiTomo, Nicole) Modified on 3/7/2025 (cac). (Entered: 02/06/2025)

BRIEF IN SUPPORT re 51 MOTION to Dismiss filed by Commonwealth of Pennsylvania.(DiTomo, Nicole) (Entered: 02/06/2025)

BRIEF IN SUPPORT re 50 MOTION to Dismiss for Failure to State a Claim within Supplemental Complaint MOTION to Dismiss for Lack of Jurisdiction within Supplemental Complaint filed by Al Schmidt. (Attachments: # 1 Exhibit(s))(Howell, Thomas) (Entered: 02/19/2025)

BRIEF IN SUPPORT re 49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans. (Attachments: # 1 Exhibit(s) A - Letter from Pennsylvania Department of State)(Madduri, Lalitha) (Entered: 02/19/2025)

NOTICE of Appearance by Adam C Bonin on behalf of AFT Pennsylvania, Pennsylvania Alliance for Retired Americans (Bonin, Adam) (Entered: 02/20/2025)

DOCKET ANNOTATION: Attorney Bonin is directed to file for special admission or make arrangements to be generally admitted. (ea)

DOCKET ANNOTATION: Attorney Bonin is generally admitted. (ea)

BRIEF IN OPPOSITION re 50 MOTION to Dismiss for Failure to State a Claim within Supplemental Complaint MOTION to Dismiss for Lack of Jurisdiction within Supplemental Complaint filed by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 03/05/2025)

BRIEF IN OPPOSITION re 49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 03/05/2025)

NOTICE of Voluntary Dismissal by 1789 Foundation, Inc., Anthony Golembiewski (Dreher, Rachel) (Entered: 03/06/2025)

ORDER re: 58 Notice of Dismissal of Defendant Commonwealth of Pennsylvania, IT IS HEREBY ORDERED THAT:1.The Court accepts the Notice of Dismissal of Defendant Commonwealth of Pennsylvania Without Prejudice 58 ;2.The Clerk of Court is directed to mark the docket that Defendant Commonwealth of Pennsylvania is DISMISSED from this action without prejudice. Signed by Honorable Robert D Mariani on 3/6/2025. (cac) (Entered: 03/06/2025)

REPLY BRIEF re 50 MOTION to Dismiss for Failure to State a Claim within Supplemental Complaint MOTION to Dismiss for Lack of Jurisdiction within Supplemental Complaint filed by Al Schmidt.(Howell, Thomas) (Entered: 03/19/2025)

REPLY BRIEF re 49 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by AFT Pennsylvania, Pennsylvania Alliance for Retired Americans.(Madduri, Lalitha) (Entered: 03/19/2025)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ronald D Coleman on behalf of 1789 Foundation, Inc., Anthony Golembiewski Attorney Ronald Coleman is seeking special admission Filing fee $ 50, receipt number BPAMDC-6955086.. (Coleman, Ronald) (Entered: 04/07/2025)

SPECIAL ADMISSIONS FORM APPROVED as to Ronald David Coleman Signed by Honorable Robert D Mariani on 4/9/2025. (cac) (Entered: 04/09/2025)

MOTION to Withdraw as Attorney by 1789 Foundation, Inc., Anthony Golembiewski.(Dreher, Rachel) (Entered: 04/10/2025)

by 1789 Foundation, Inc., Anthony Golembiewski. 64 MOTION to Withdraw as Attorney . (Dreher, Rachel) (Entered: 04/10/2025)

ORDER GRANTING 64 Motion to Withdraw as Attorney. Attorney Rachel L. Dreher terminated Signed by Honorable Robert D Mariani on 4/10/2025 (cac) (Entered: 04/10/2025)

MEMORANDUM (Order to follow as separate docket entry) Signed by Honorable Robert D Mariani on 5/2/25. (ep)

ORDER granting 49 Motion to Dismiss for Failure to State a Claim; granting 49 Motion to Dismiss for Lack of Jurisdiction; granting 50 Motion to Dismiss for Failure to State a Claim; granting 50 Motion to Dismiss for Lack of Jurisdiction ; Pltf's Initial Complaint 1 and Supplemental Complaint 46 are DISMISSED WITHOUT PREJUDICE; Pltfs are granted leave to file an Amended Complaint within 21 days from the date of this Order; Signed by Honorable Robert D Mariani on 5/2/25 (ep) (Entered: 05/02/2025)

First MOTION to Withdraw as Attorney by 1789 Foundation, Inc.. (Attachments: (1) Proposed Order)(Stapp, Gregory)

1 Proposed Order

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ORDER GRANTING [69] Motion to Withdraw as Attorney Gregory A. Stapp terminated Signed by Honorable Robert D Mariani on 5/23/2025 (cac)

ORDER - IT IS HEREBY ORDERED THAT on or before 5/30/2025, Plaintiffs shall SHOW CAUSE why the above-captioned action should not be dismissed pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and to comply with the Court's Order. Signed by Honorable Robert D Mariani on 5/27/2025. (cac)

ORDER - IT IS HEREBY ORDERED THAT: On or before Monday, 6/9/2025, at 5:00 PM, Plaintiffs shall SHOW CAUSE why the above-captioned should not be dismissed pursuant to Fed. R. Civ. P. 41 (b) for failure to prosecute and to comply with the Court's Orders. Failure to respond to this Order will result in dismissal of the above-captioned action with prejudice. Signed by Honorable Robert D Mariani on 6/5/2025. (cac) Modified on 6/5/2025 (cac).

ORDER - IT IS HEREBY ORDERED THAT:1. The above-captioned action is DISMISSED WITH PREJUDICE for failure to prosecute. 2. The Clerk of Court is directed to CLOSE this case. SEE ORDER FOR FURTHER SPECIFICS Signed by Honorable Robert D Mariani on 6/10/2025. (cac)