Case: Moeller v. Bradford County

ACLU

COMPLAINT against Bradford County, Carl J. Anderson, Alberto Gonzales, The Firm Foundation of America ( Filing fee $250, Receipt Number 333 100436), filed by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. (Attachments: # 1 Civil Cover Sheet)(mg, ) (Entered: 02/17/2005)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Richard B. Katskee on behalf of plaintiffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston and Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Alex J. Luchenitser on behalf of plaintiffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Ayesha Khan on behalf of plaitniffs Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. ( Filing fee $25, Receipt Number 111 142753) (jc) (Entered: 02/18/2005)

Summons Issued as to Bradford County, Carl J. Anderson, Alberto Gonzales, The Firm Foundation of America and provided to attorney Witold J. Walczak for service on Defendant(s). (mg, ) (Entered: 02/17/2005)

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 02/28/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Richard B. KatskeeSigned by Judge Thomas M. Blewitt on 3/2/05. (jb, ) (Entered: 03/03/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Ayesha N. Khan.Signed by Judge Thomas M. Blewitt on 3/2/05. (jb, ) (Entered: 03/03/2005)

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 03/15/2005)

NOTICE of Appearance by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 03/16/2005)

NOTICE of Appearance by Leonard G. Brown on behalf of The Firm Foundation of America (Brown, Leonard) (Entered: 03/21/2005)

NOTICE of Appearance by Elizabeth J. Kelhoffer on behalf of Alberto Gonzales (Kelhoffer, Elizabeth) (Entered: 04/11/2005)

WAIVER OF SERVICE Returned by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller. Carl J. Anderson waiver sent on 3/3/2005, answer due 5/2/2005. (ts, ) (Entered: 04/13/2005)

MOTION to Appear Pro Hac Vice of Kristina J. Wenberg by Bradford County.(Donohue, Michael) (Entered: 04/21/2005)

MOTION to Appear Pro Hac Vice of Vincent P. McCarthy by Bradford County.(Donohue, Michael) (Entered: 04/21/2005)

SP Admission Filing fee: $ 25.00, receipt number 333 101334, Vincent P. McCarthy (ga, ) (Entered: 04/22/2005)

Special Admission Filing fee: $ 25.00, receipt number 333 101335, Re: Kristina J. Wenberg. (ga, ) (Entered: 04/22/2005)

ANSWER to Complaint by Bradford County.(Donohue, Michael) (Entered: 04/29/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Kristina J. WenbergSigned by Judge Thomas M. Blewitt on 5/2/05. (ts, ) (Entered: 05/02/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Vincent P. McCarthySigned by Judge Thomas M. Blewitt on 5/2/05. (ts, ) (Entered: 05/02/2005)

ANSWER to Complaint by Carl J. Anderson.(Lloyd, Linda) (Entered: 05/02/2005)

MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by The Firm Foundation of America.(Brown, Leonard) (Entered: 05/02/2005)

MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment , MOTION for Summary Judgment by Alberto Gonzales. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Entered: 05/02/2005)

CERTIFICATE of Counsel re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment Certification of Non−Concurrence to Motion Under Local Rule 7.1 by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 05/02/2005)

Unopposed MOTION to Exceed Page Limitation by Alberto Gonzales. (Attachments: # 1 Proposed Order)(Coppolino, Anthony) (Entered: 05/03/2005)

CERTIFICATE of Counsel re 26 Unopposed MOTION to Exceed Page Limitation by Anthony J. Coppolino on behalf of Alberto Gonzales (Coppolino, Anthony) (Entered: 05/03/2005)

CERTIFICATE of Nonconcurrence by The Firm Foundation of America and Proposed Order on Motion to Dismiss . (Attachments: # 1 Proposed Order)(Brown,

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Steven H. Aden on behalf of The Firm Foundation of America ( Filing fee $25, Receipt Number 333 101540) (ts, ) (Entered: 05/09/2005)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Timothy J. Tracey on behalf of The Firm Foundation of America ( Filing fee $25, Receipt Number 333 101539) (ts, ) (Entered: 05/09/2005)

Unopposed MOTION to Exceed Page Limitation by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Brown, Leonard) (Entered: 05/09/2005)

ORDER granting 32 defendants Motion for Leave to File Excess Pages Signed by Judge Thomas M. Blewitt on 5/10/05 (ts, ) (Entered: 05/10/2005)

BRIEF IN SUPPORT re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Firm Foundation of America. Brief in Opposition due by 6/3/2005 (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G# 8 Exhibit(s) H# 9 Exhibit(s) I# 10 Exhibit(s) J# 11 Exhibit(s) K# 12 Exhibit(s) L# 13 Exhibit(s) M)(Brown, Leonard) (Entered: 05/16/2005)

DECLARATION by Alberto Gonzales re MOTION to Dismiss Or For Summary Judgment by Timothy S. Wight . (Attachments: # 1 Exhibit(s) A# 2 Exhibit(s) B# 3 Exhibit(s) C# 4 Exhibit(s) D# 5 Exhibit(s) E# 6 Exhibit(s) F# 7 Exhibit(s) G# 8 Exhibit(s) H# 9 Exhibit(s) I# 10 Exhibit(s) J# 11 Exhibit(s) K# 12 Exhibit(s) L# 13 Exhibit(s) M# 14 Exhibit(s) N)(Kelhoffer, Elizabeth) Modified on 5/18/2005 (admin, ). (Entered: 05/16/2005)

BRIEF IN SUPPORT re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed by Alberto Gonzales. Brief in Opposition due by 6/6/2005 (Attachments: # 1 Statement of Material Facts)(Kelhoffer, Elizabeth) (Entered: 05/18/2005)

Attorney Kelhoffer is hereby notified that Doc #35 the Brief in Support of Document #24 (Motion) was incorrectly filed as a motion. This Brief needs to be refiled using the correct event now. (jw, ) (Entered: 05/18/2005)

Document #35 entitled Motion to Dismiss or for summary judgment filed by defendant, Alberto Gonzales, deleted. Attorney Kelhoffer has refiled the document correctly as document #37 entitled Brief in Support of Motion to Dismiss. (admin, ) (Entered: 05/18/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Steven H. AdenSigned by Judge Thomas M. Blewitt on 5/19/05. (ao, ) (Entered: 05/19/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Timothy J. TraceySigned by Judge Thomas M. Blewitt on 5/19/05. (ao, ) (Entered: 05/19/2005)

NOTICE of Appearance by Michael J. Donohue on behalf of Bradford County. (Donohue, Michael) (Entered: 05/24/2005)

Unopposed MOTION for Extension of Time to File Responsive Briefs by Jeffrey Gonzalez, Clark Moeller, Kris Schwenke, Jane Moeller. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Order)(Knudsen, Paula) (Entered: 05/31/2005)

ORDER granting 41 Motion to Extend Time and to file brief of 35 pages by 6/3003; Signed by Judge Thomas M. Blewitt on 6/1/05 (kn, ) (Entered: 06/01/2005)

MOTION to Appear Pro Hac Vice on behalf of Alexander Bennett by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

MOTION to Appear Pro Hac Vice on behalf of Lea Johnston by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

MOTION to Appear Pro Hac Vice by Bruce Kelly by Clark Moeller.(Roper, Mary) (Entered: 06/07/2005)

Special Admission Filing fee: $ 25.00, receipt number 333 101901, Murray R. Garnick (ga, ) (Entered: 06/07/2005)

Special Admission Filing fee: $ 75.00, receipt number 333 101902, Re: Johnston, Bennett, &Kelly (ga, ) (Entered: 06/07/2005)

ORDER granting 46 Motion to Appear Pro Hac Vice by Bruce R. Kelly.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

ORDER granting 45 Motion to Appear Pro Hac Vice by Elta Lea Johnston.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

ORDER granting 44 Motion to Appear Pro Hac Vice by Murray R. Garnick.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

ORDER granting 43 Motion to Appear Pro Hac Vice by Alexander E. Bennett.Signed by Judge Thomas M. Blewitt on 6/7/05 (jb, ) (Entered: 06/09/2005)

NOTICE of Appearance by Paula Kay Knudsen on behalf of Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Jane Moeller. (Knudsen, Paula) (Entered: 06/10/2005)

NOTICE of Appearance by Paula Kay Knudsen on behalf of Tim Thurston. (Knudsen, Paula) (Entered: 06/13/2005)

BRIEF IN OPPOSITION re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) on behalf of all plaintiffs filed by Clark Moeller. Reply Brief due by 7/15/2005. (Attachments: # 1 Exhibit(s))(Roper, Mary) (Entered: 06/30/2005)

AFFIDAVIT in Opposition re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Tim Thurston. (Roper, Mary) (Entered: 06/30/2005)

REPLY BRIEF re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) Response of Defendant Attorney General Gonzales to Firm Foundation's Motion to Dismiss filed by Alberto Gonzales. (Coppolino, Anthony) (Entered: 06/30/2005)

ANSWER TO STATEMENT OF FACTS re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed for all plaintiffs filed by Clark Moeller. (Roper, Mary) (Entered: 06/30/2005)

BRIEF IN OPPOSITION re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment on behalf of all plaintiffs filed by Clark Moeller. Reply Brief due by 7/15/2005. (Roper, Mary) (Entered: 06/30/2005)

AFFIDAVIT in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment Rule 56(f) affidvait for all plaintiffs filed by Clark Moeller. (Roper, Mary) (Entered: 06/30/2005)

AFFIDAVIT in Opposition re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment on behalf of all plaintiffs filed by Clark Moeller. (Attachments: # 1 Exhibit(s) # 2 Exhibit(s) # 3 Exhibit(s) # 4 Exhibit(s) # 5 Exhibit(s) # 6 Exhibit(s) # 7 Exhibit(s))(Roper, Mary) (Entered: 06/30/2005)

Unopposed MOTION for Extension of Time to File Brief to 55 Brief in Opposition, filed by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Aden, Steven) (Entered: 07/11/2005)

ORDER granting 62 deft Gonzales' Motion to Extend Time to file a reply brief in support of his motion to dismiss or for sum judg to Aug 4, 2005. SO ORDERED. Signed by Judge Thomas M. Blewitt on 7/12/05 (jb, ) (Entered: 07/12/2005)

ORDER granting 63 deft Firm Foundation's Motion for Extension of Time to file a reply Memo in support of it's Motion to Dismiss until Aug 4, 2005. SO ORDERED.Signed by Judge Thomas M. Blewitt on 7/12/05 (jb, ) (Entered: 07/12/2005)

MOTION Schedule Initial Case Management Conference by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller.(Knudsen, Paula) (Entered: 07/29/2005)

BRIEF IN OPPOSITION re 66 MOTION Schedule Initial Case Management Conference filed by The Firm Foundation of America. Reply Brief due by 8/15/2005. (Aden, Steven) (Entered: 08/01/2005)

Unopposed MOTION to Exceed Page Limitation for Reply Brief in Support of Motion to Dismiss or for Summary Judgment by Alberto Gonzales.(Coppolino, Anthony) (Entered: 08/01/2005)

ORDER granting 68 Motion for Leave to File Excess Pages. Defendant Attorney General Gonzales may file a reply of up to 20 pages in support of his motion to dismiss or for summary judgment. Signed by Judge Thomas M. Blewitt on 8/2/05 (ts, ) (Entered: 08/02/2005)

MOTION to Appear Pro Hac Vice by Alexander Bennett to appear by Tim Thurston.(Roper, Mary) (Entered: 08/02/2005)

Special Admission Filing fee: $ 25.00, receipt number 333 102644, Alexander Bennett. (ga, ) (Entered: 08/04/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Alexander E. Bennett.Signed by Judge Thomas M. Blewitt on 8/4/05. (rm, ) (Entered: 08/04/2005)

REPLY BRIEF re 24 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Summary Judgment MOTION for Summary Judgment filed by Alberto Gonzales. (Attachments: # 1 Affidavit of Anthony J. Coppolino)(Coppolino, Anthony) (Entered: 08/04/2005)

REPLY BRIEF re 23 MOTION to Dismiss Plaintiffs' Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by The Firm Foundation of America. (Aden, Steven) (Entered: 08/04/2005)

ORDER denying Pltf's 66 Motion to Schedule Initial Case Management Conference.Signed by Judge James M. Munley on 8/4/05. (rm, ) (Entered: 08/04/2005)

MOTION to Appear Pro Hac Vice by Bruce Kelly on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

MOTION to Appear Pro Hac Vice by Lea Johnston on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

MOTION to Appear Pro Hac Vice by Murray Garnick on behalf of by Tim Thurston.(Roper, Mary) (Entered: 08/04/2005)

MOTION to Appear Pro Hac Vice by Alicia Truman on behalf of by Jeffrey Gonzalez, Laura Blain, Clark Moeller, Kris Schwenke, Tim Thurston, Jane Moeller.(Roper, Mary) (Entered: 08/04/2005)

Special Admission Filing fee: $ 125.00, receipt number 333 102653, Re: Ladun, Truman, Garnick, Kelly, Johnston. (ga, ) (Entered: 08/05/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Bruce R. KellySigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Kathy Ann LadunSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Alicia A. W. TrumanSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Murray R. GarnickSigned by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

SPECIAL ADMISSIONS FORM APPROVED as to Elta Lea Johnston.Signed by Judge Thomas M. Blewitt on 8/8/2005. (bg, ) (Entered: 08/08/2005)

NOTICE of Change of Address by Steven H. Aden (Aden, Steven) (Entered: 09/16/2005)

ORDER that the Clerk of Court is directed to substitute Deft Lavery, Acting Director, for Deft Anderson in teh above−captioned action.Signed by Judge Thomas M. Blewitt on 10/14/05. (rm, ) (Entered: 10/14/2005)

REPORT AND RECOMMENDATION: IT IS RECOMMENDED that the FF deft's motion to dismiss (Doc 23) be granted in part and be denied in part. It is recommended that deft's motion be granted with respect to the dismissal of plfs' claims under t he Pa Constitution (Counts two and three). It is also recommended that deft's motion to dismiss as moot plf Thurston's claims for declaratory judgment and injunctive relief be granted. It is recommended that deft's motion to dismiss pl fs' (including Plf Thurston) claim for nominal damages be denied. Further, it is recommended that deft's motion be denied with respect to plfs' Sec1983 claim (Count one). It is also recommended that this case be remanded to the undersi gned for further proceedings, including the direction of Deft FF to file an Answer to the complaint, for scheduling of a Joint Case Mgm confr (after Defendant Gonzalez's Summary Judgment Motion is disposed of) and for discovery. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 11/7/2005Signed by Judge Thomas M. Blewitt on 10/20/05. (jb, )

Unopposed MOTION to Withdraw as Attorney Timothy J. Tracey by The Firm Foundation of America. (Attachments: # 1 Proposed Order)(Aden, Steven) (Entered: 10/21/2005)

ORDER granting 90 Unopposed Motion of Deft Firm Foundation and FURTHER ORDERED the appearance of Timothy J. Tracey in this case is withdrawn. SO ORDERED.Signed by Judge Thomas M. Blewitt on 10/24/05 (jb, ) (Entered: 10/26/2005)

REPORT AND RECOMMENDATION: TEXT REMOVED − WRONG REPORT AND RECOMMENDATION DOCKETED. FOR CORRECT REPORT AND RECOMMENDATION SEE DOCKET ENTRY 93. (Entered: 11/03/2005)

REPORT AND RECOMMENDATION: IT IS RECOMMENDED that Deft Gonzales' Motion to Dismiss (Doc 24) be granted with respect to plfs' funding claim and that this deft be dismissed based on lack of subject matter jurisdiction to address the merits of plfs' funding claim as against him. It is recommended that deft Gonzales' Motion to dismiss plfs'monitoring claim for lack of standing be denied. It is also recommended that deft's Motion be granted with respect to the dismissal of plfs' request for prospective injunctive relief to require deft to monitor all DOJ grants awarded to faith-based organizations. (Doc 1, Par 72.). It is further recommended that deft Gonzales' summary judgment motion with respect to plfs ' monitoring claim and alleged violation of the Establishment Clause be denied without prejudice to re-file it after discovery. Finally, it is recommended that this case be remanded to the undersigned for further proceedings, including the sched uling of a Joint Case Mgm Confr (after defts FF and Gonzales file their Answers to the Complaint) and for discovery. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 11/21/2005Signed by Judge Thomas M. Blewitt on 11/3/05. (jb, )

OBJECTION to 93 Report and Recommendations As to the Firm Foundation's Motion to Dismiss by Bradford County. (Donohue, Michael) (Entered: 11/07/2005)

APPEAL OF MAGISTRATE JUDGE DECISION to District Court by The Firm Foundation of America re 89 REPORT AND RECOMMENDATIONS re 1 Complaint, filed by Clark Moeller,, Jane Moeller,, Jeffrey Gonzalez,, Laura Blain,, Kris Schwenke,, Tim Thurston, (Aden, Steven) (Entered: 11/07/2005)

OBJECTION to 89 Report and Recommendations. (Aden, Steven) (Entered: 11/09/2005)

Doc 95 to be re−filed properly as an "objection to the Report and Recommendation" (ts, ) (Entered: 11/09/2005)

OBJECTION to 93 Report and Recommendations. (Ladun, Kathy) (Entered: 11/21/2005)

MOTION to Exceed Page Limitation with Certificate of Service and proposed Order by Bradford County. (Attachments: # 1)(Donohue, Michael) (Entered: 11/22/2005)

OBJECTION to 89 Report and Recommendations Plaintiffs' Opposition to Firm Foundation 95 and Bradford County 94 Objections to R(Ladun, Kathy) (Entered: 11/23/2005)

ORDER granting 98 Motion for Leave to File Excess Pages re support of motion for judgmentSigned by Judge James M. Munley on 11/23/05 (sm, ) (Entered: 11/23/2005)

MOTION for Judgment on the Pleadings with Certificate of Service and proposed Order by Bradford County. (Attachments: # 1)(Donohue, Michael) (Entered: 11/29/2005)

NOTICE by The Firm Foundation of America re 101 MOTION for Judgment on the Pleadings with Certificate of Service and proposed Order Joinder (Aden, Steven) (Entered: 12/09/2005)

RESPONSE by Alberto Gonzales to 97 Objection to Report and Recommendations. (Kelhoffer, Elizabeth) (Entered: 12/09/2005)