Case: Fulton v. City of Philadelphia

2:18-cv-02075 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: May 18, 2018

Closed Date: Oct. 1, 2021

Clearinghouse coding complete

Case Summary

On May 17, 2018, a Catholic foster care and social services agency filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, against the City of Philadelphia. The plaintiffs, represented by private counsel and by conservative public interest organization Becket Fund for Religious Liberty, alleged that the City revoked new referrals of foster children to their organization because of their faith-based opposition to same-sex marriage. The complaint sought monetary an…

On May 17, 2018, a Catholic foster care and social services agency filed this lawsuit in the U.S. District Court for the Eastern District of Pennsylvania, against the City of Philadelphia. The plaintiffs, represented by private counsel and by conservative public interest organization Becket Fund for Religious Liberty, alleged that the City revoked new referrals of foster children to their organization because of their faith-based opposition to same-sex marriage. The complaint sought monetary and injunctive relief for alleged violations of the First and Fourteenth Amendments of the U.S. Constitution, state constitutional analogues, and breach of contract. The case was assigned to Judge Petrese B. Tucker.

The plaintiffs asserted that the City's decision to revoke new foster care referrals breached their contract with the City and targeted them on religious grounds. According to the plaintiffs, the city had previously exempted them from providing foster care services to same-sex couples, so the City's contract was ambiguous on whether they were required to provide these services to same-sex couples. They also alleged that the public statements made by the Mayor of Philadelphia and other public officials criticizing their refusal to serve same-sex couples indicated the city's decision to suspend the contract constituted religious discrimination.

On June 7, 2018, the plaintiffs filed a motion for a temporary restraining order (TRO) and preliminary injunction requesting that the court reinstate referrals of foster children to the plaintiff. The defendants argued that the plaintiffs violated the City's Fair Practice Ordinance, which forbids discrimination against individuals in public accommodations and was clearly included in the contract. Since the defendants were acting on behalf of the city, and the City was previously unaware of the plaintiffs' refusal to serve otherwise qualified same-sex couples, the defendants argued that they were within their right to suspend the contract.

On July 13, 2018, Judge Tucker denied the plaintiffs' motion for preliminary injunction and TRO. Judge Tucker held that the parties' intent was clear: the Fair Practices Ordinance applied to the contract and that plaintiffs' services fell within "public accommodations." Therefore, the plaintiffs were required to serve anyone who sought their services. 320 F.Supp.3d 661. The Court rejected the defendants' claims that this violated the Free Exercise Clause; it held that the city's policy was facially neutral and also found that there was insufficient discriminatory intent to trigger strict scrutiny review.

The plaintiffs appealed on the same day of this decision. On April 22, 2019, the United State Court of Appeals for the Third Circuit affirmed the lower court's decision, in an opinion by Judge Thomas L. Ambro. The Court of Appeals held that the City's nondiscrimination policy was neutral and that the religious views of the plaintiff did not entitle it to an exemption from the policy. Additionally, the Third Circuit found that the City had not targeted the plaintiffs "for [their] religious beliefs" nor was its decision "motivated by ill will against [the plaintiffs’] religion, rather than sincere opposition to discrimination on the basis of sexual orientation." 922 F.3d 140.

The plaintiffs petitioned the Supreme Court for a writ of certiorari on July 22, 2019. The Supreme Court granted certiorari on February 24, 2020. 140 S.Ct. 1104. Numerous parties filed amici curiae briefs for both the plaintiff and the defendant. A group of United States Senators advocated for granting the injunction on religious liberty grounds, while others argued for preserving the lower court's decision and reasoning.

The Supreme Court heard oral arguments in the case on November 4, 2020, and their decision was announced on June 17, 2021. The Court unanimously held that the refusal of the defendants to contract with the plaintiff unless they agreed to certify same-sex couples was a violation of the Free Exercise Clause of the First Amendment. In his opinion, Chief Justice Roberts, writing for six members of the court, found that the actions of the defendants “have burdened CSS’s religious exercise by putting it to the choice of curtailing its mission or approving relationships inconsistent with its beliefs.” 593 U.S. ___ (2021). The majority’s narrow holding was based on the assessment that the neutral and generally applicable standard derived from Employment Division v. Smith, 494 U.S. 872, did not apply because the defendant’s nondiscrimination provision permitted exemptions for agencies at the sole discretion of the commissioner. Furthermore, because the defendants gave no compelling reason for not extending those exemptions to cases of religious hardship, the Court found that the policy was not generally applicable. As such, the Court held that the City’s actions violated the First Amendment’s Free Exercise Clause.

The Court also held that the Fair Practices Ordinance, which prohibited discrimination on the basis of sexual orientation in public accommodations, was inappplicable to the defendant’s actions. Finding that certification as a foster parent is not a service which is “readily accessible to the public,” Chief Justice Roberts characterized the foster care certification process as an individualized process and assessment that is unlike staying in a hotel or riding a bus. 

Back in the district court, the parties moved for consent judgment that effectuated the Supreme Court’s decision. As such, the court on October 1, 2021, entered a permanent injunction as to the plaintiffs’ Free Exercise claim and dismissed the remainder of their claims.

This case is now closed.

Summary Authors

Graham Rotenberg (6/14/2020)

Claire Butler (12/30/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6761127/parties/fulton-v-city-of-philadelphia/


Judge(s)

Ambro, Thomas L. (Delaware)

Attorney for Plaintiff

Barclay, Stephanie Hall (District of Columbia)

Centrella, Nicholas M. (Pennsylvania)

Coate, Jacob (District of Columbia)

Attorney for Defendant

Bruhl, Elise (Pennsylvania)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

2:18-cv-02075

Docket [PACER]

May 15, 2019

May 15, 2019

Docket
53

2:18-cv-02075

Order

July 13, 2018

July 13, 2018

Order/Opinion
3113217629

18-02574

Opinion of the Court

U.S. Court of Appeals for the Third Circuit

April 22, 2019

April 22, 2019

Order/Opinion

922 F.3d 140

19-00123

Brief for the States of Texas, Alabama, Arkansas, Louisiana, Missouri, Nebraska, Ohio, Oklahoma, West Virginia and the Commonwealth of Kentucky, by and Through Governor Matthew G. Bevin, as Amici Curiae in Support of Petitioners

Supreme Court of the United States

Aug. 26, 2019

Aug. 26, 2019

Pleading / Motion / Brief

19-00123

City Respondents' Brief in Opposition

Supreme Court of the United States

Oct. 10, 2019

Oct. 10, 2019

Pleading / Motion / Brief

19-00123

Reply Brief for Petitioners

Supreme Court of the United States

Oct. 28, 2019

Oct. 28, 2019

Pleading / Motion / Brief

19-00123

Opinion

Supreme Court of the United States

Feb. 24, 2020

Feb. 24, 2020

Order/Opinion

140 S.Ct. 1104

1 (& 1-1 to 1-11)

2:18-cv-02075

Complaint

May 17, 2020

May 17, 2020

Complaint

19-00123

Brief for Petitioners

Supreme Court of the United States

May 27, 2020

May 27, 2020

Pleading / Motion / Brief

19-00123

Brief Amicus Curiae of Professor Eugene Volokh in Support of Neither Party

Supreme Court of the United States

June 2, 2020

June 2, 2020

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6761127/fulton-v-city-of-philadelphia/

Last updated April 9, 2026, 5:11 a.m.

ECF Number Date Description Link
1 May 17, 2018

COMPLAINT against CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS ( Filing fee $ 400 receipt number 178509.), filed by TONI LYNN SIMMS-BUSCH, SHARONELL FULTON, CECELIA PAUL, CATHOLIC SOCIAL SERVICES. (Attachments: # 1 Case Management Track Form, # 2 Civil Cover Sheet, # 3 Designation Form, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(jwl, ) (Entered: 05/17/2018)

1 Case Management Track Form

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2 Civil Cover Sheet

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3 Designation Form

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4 Exhibit

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2 May 17, 2018

Disclosure Statement Form pursuant to FRCP 7.1 by CATHOLIC SOCIAL SERVICES.(jwl, ) (Entered: 05/17/2018)

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May 17, 2018

Summons Issued

May 17, 2018

Summons Issued as to CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. Three Forwarded To: Counsel on 5/17/18 (jwl, )

3 June 1, 2018

MOTION for Pro Hac Vice of Nicholas Reaves ( Filing fee $ 40 receipt number 0313-12842006.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

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4 June 1, 2018

MOTION for Pro Hac Vice of Lori Windham ( Filing fee $ 40 receipt number 0313-12842042.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

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5 June 1, 2018

MOTION for Pro Hac Vice of Mark L. Rienzi ( Filing fee $ 40 receipt number 0313-12842065.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/01/2018)

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6 June 5, 2018

Proposed Order Granting 7 Plaintiffs Motion for Leave to File a Memorandum Over 25 Pages filed by CATHOLIC SOCIAL SERVICES.(CENTRELLA, NICHOLAS) Modified on 6/6/2018 (tjd). (Entered: 06/05/2018)

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7 June 5, 2018

MOTION for Leave to File Excess Pages in Support of their Motion for a Temporary Restraining Order and Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.PLF's Opposed MTN for Leave and Cert of Service.(CENTRELLA, NICHOLAS) (Entered: 06/05/2018)

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8 June 5, 2018

NOTICE of Appearance by BENJAMIN H. FIELD on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(FIELD, BENJAMIN) (Entered: 06/05/2018)

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9 June 5, 2018

NOTICE of Appearance by ELEANOR N. EWING on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(EWING, ELEANOR) (Entered: 06/05/2018)

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10 June 5, 2018

MOTION for Temporary Restraining Order and, MOTION for Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Memorandum and Certificate of Service. (Attachments: # 1 Text of Proposed Order Order, # 2 Memorandum Memorandum of Law, # 3 Exhibit 1, # 4 Exhibit 1-A - a (1-25), # 5 Exhibit 1-A - b (26-50), # 6 Exhibit 1-A - c (51-75), # 7 Exhibit 1-A - d (76 - 100), # 8 Exhibit 1-A - e (101 - 123), # 9 Exhibit 1-B, # 10 Exhibit 1-C, # 11 Exhibit 1-D, # 12 Exhibit 1-E, # 13 Exhibit 1-F, # 14 Exhibit 1-G, # 15 Exhibit 1-H, # 16 Exhibit 1-I, # 17 Exhibit 1-J, # 18 Exhibit 1-K, # 19 Exhibit 1-L, # 20 Exhibit 1-M, # 21 Exhibit 1-N, # 22 Exhibit 1-O, # 23 Exhibit 1-P, # 24 Exhibit 1-Q, # 25 Exhibit 1-R, # 26 Exhibit 1-S, # 27 Exhibit 1-T, # 28 Exhibit 1-U, # 29 Exhibit 1-V, # 30 Exhibit 1-W, # 31 Exhibit 2, # 32 Exhibit 3, # 33 Exhibit 4, # 34 Exhibit 5, # 35 Exhibit 6)(CENTRELLA, NICHOLAS) (Entered: 06/05/2018)

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11 June 6, 2018

ORDER THAT PLAINTIFFS' UNOPPOSED MOTION FOR LEAVE TO FILE A MEMORANDUM OVER 25 PAGES IN SUPPORT OF THEIR MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS GRANTED. DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS' MOTION FOR A TEMPORARARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION BY NO LATER THAN 6/12/18. THE PARTIES SHALL APPEAR FOR A EVIDENTIARY HEARING ON PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ON 6/18/18 AT 2:00 PM IN COURTROOM 16B. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/6/18. 6/6/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ). (Entered: 06/06/2018)

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12 June 6, 2018

ORDER THAT THE APPLICATIONS FOR ADMISSION PRO HAC VICE OF NICHOLAS R. REAVES, ESQ, LORI H. WINDHAM, ESQ AND MARK L. RIENZI, ESQ ARE GRANTED AND NICHOLAS R. REAVES, ESQ, LORI H. WINDHAM, ESQ AND MARK L. RIENZI, ESQ ARE ADMITTED PRO HAC VICE TO THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYVANIA FOR THE PENDENCY OF THIS MATTER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/6/18. 6/6/18 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 06/06/2018)

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13 June 7, 2018

Amended MOTION for Temporary Restraining Order, Amended MOTION for Preliminary Injunction filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum, # 3 Exhibit 1 part 1, Amato Declaration, # 4 Exhibit 1 part 2, # 5 Exhibit 1 part 3, # 6 Exhibit 1 part 4, # 7 Exhibit 1 part 5, # 8 Exhibit 1 part 6, # 9 Exhibit 1 part 7, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6)(RIENZI, MARK) (Entered: 06/07/2018)

1 Text of Proposed Order

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2 Memorandum

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3 Exhibit 1 part 1, Amato Declaration

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4 Exhibit 1 part 2

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5 Exhibit 1 part 3

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6 Exhibit 1 part 4

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8 Exhibit 1 part 6

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9 Exhibit 1 part 7

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10 Exhibit 2

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11 Exhibit 3

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12 Exhibit 4

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13 Exhibit 5

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14 Exhibit 6

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14 June 8, 2018

MOTION to Intervene filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Certificate of Service.(WIGGLESWORTH, CATHERINE) (Entered: 06/08/2018)

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15 June 11, 2018

NOTICE of Appearance by MOLLY M. TACK-HOOPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(TACK-HOOPER, MOLLY) (Entered: 06/11/2018)

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16 June 11, 2018

NOTICE of Appearance by MARY CATHERINE ROPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(ROPER, MARY) (Entered: 06/11/2018)

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17 June 12, 2018

NOTICE of Appearance by DIANA P. CORTES on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(CORTES, DIANA) (Entered: 06/12/2018)

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18 June 12, 2018

MOTION for Pro Hac Vice Admission of Leslie Cooper ( Filing fee $ 40 receipt number 0313-12863444.) filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Certificate of Service.(TACK-HOOPER, MOLLY) (Entered: 06/12/2018)

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19 June 12, 2018

MOTION to Seal filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS.Motion for Leave to File Under Seal with Certificate of Service and Proposed Order. (Attachments: # 1 Text of Proposed Order)(FIELD, BENJAMIN) (Entered: 06/12/2018)

1 Text of Proposed Order

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20 June 12, 2018

RESPONSE in Opposition re 13 Amended MOTION for Temporary Restraining Order Amended MOTION for Preliminary Injunction, 10 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (Attachments: # 1 Exhibit Ex.1 - Declaration of K. Ali, # 2 Exhibit Ex. 1-A, # 3 Exhibit Ex. 1-B, # 4 Exhibit Ex. 1-C, # 5 Exhibit Ex. 1-D, # 6 Exhibit Ex. 2 - Declaration of C. Figueroa, # 7 Exhibit Ex. 3 - Declaration of B. Field, # 8 Exhibit Ex. 3-A, # 9 Exhibit Ex. 3-B, # 10 Text of Proposed Order Proposed Order)(FIELD, BENJAMIN) (Entered: 06/12/2018)

1 Exhibit Ex.1 - Declaration of K. Ali

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2 Exhibit Ex. 1-A

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3 Exhibit Ex. 1-B

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4 Exhibit Ex. 1-C

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5 Exhibit Ex. 1-D

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6 Exhibit Ex. 2 - Declaration of C. Figueroa

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7 Exhibit Ex. 3 - Declaration of B. Field

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8 Exhibit Ex. 3-A

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9 Exhibit Ex. 3-B

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10 Text of Proposed Order Proposed Order

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21 June 13, 2018

Memorandum of law in opposition to plffs' motion for temporary restraining order and preliminary injunction, Certificate of Service, filed by DEFTS CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (FILED UNDER SEAL) (kw, ) (Additional attachment(s) added on 6/14/2018: # 1 sealed document) (tjd, ). (Entered: 06/13/2018)

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22 June 13, 2018

MOTION for Pro Hac Vice of Stephanie H. Barclay ( Filing fee $ 40 receipt number 0313-12866336.) filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(CENTRELLA, NICHOLAS) (Entered: 06/13/2018)

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23 June 14, 2018

Letter to Judge Tucker dated June 14, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Regarding Confidential Information (FIELD, BENJAMIN) Modified on 6/18/2018 (tjd). (Entered: 06/14/2018)

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24 June 14, 2018

Letter to Judge Tucker dated June 14, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (Attachments: # 1 Declaration)(RIENZI, MARK) Modified on 6/18/2018 (tjd). (Entered: 06/14/2018)

1 Declaration

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25 June 14, 2018

ORDER THAT COUNSEL SHALL APPEAR AT THE EVIDENTIARY HEARING SCHEDULED FOR 6/18/2018 AT 2:00 P.M. IN COURTROOM 16B, JAMES A. BYRNE U.S. COURTHOUSE, 601 MARKET STREET, PHILA., PA 19106, ETC. IT IS FURTHER ORDERED THAT PLFFS' APPLICATION FOR ADMISSION PRO HAC VICE OF STEPHANIE H. BARCLAY & DEFTS' APPLICATION FOR ADMISSION PRO HAC VICE OF LESLIE COOPER ESQ. ARE GRANTED, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/14/18. 6/15/18 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (ECF FORM MAILED TO STEPHANIE H. BARCLAY, ESQ.) Modified on 6/15/2018 (kw, ). (Entered: 06/15/2018)

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26 June 15, 2018

NOTICE of Appearance by JOHN A. GUERNSEY on behalf of CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (Attachments: # 1 Certificate of Service Certificate of Service for John A. Guernsey)(GUERNSEY, JOHN) (Entered: 06/15/2018)

1 Certificate of Service Certificate of Service for John A. Guernsey

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27 June 15, 2018

Memorandum of Law in Support re 14 MOTION to Intervene filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES. Certificate of Service. (Attachments: # 1 Proposed Answer, # 2 Declaration of Frank P. Cervone, # 3 Declaration of Stephanie Haynes)(TACK-HOOPER, MOLLY) Modified on 6/25/2018 (tjd). (Entered: 06/15/2018)

1 Proposed Answer

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2 Declaration of Frank P. Cervone

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3 Declaration of Stephanie Haynes

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28 June 18, 2018

MOTION for Leave to File Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A, Proposed Intervenors' Opposition to Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction)(WIGGLESWORTH, CATHERINE) (Entered: 06/18/2018)

1 Exhibit A, Proposed Intervenors' Opposition to Plaintiffs' Motion for

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29 June 18, 2018

NOTICE of Appearance by WILL W. SACHSE on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(SACHSE, WILL) (Entered: 06/18/2018)

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30 June 18, 2018

NOTICE of Appearance by SCHAUNDRA OLIVER on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(OLIVER, SCHAUNDRA) (Entered: 06/18/2018)

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31 June 20, 2018

ORDER THAT THE CITY PARTIES' 19 MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL IS GRANTED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/18/18.6/20/18 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 06/20/2018)

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32 June 20, 2018

ORDER THAT THE FIRST MOTION 10 IS DISMISSED AS MOOT AND THE AMENDED MOTION 13 SHALL BE TREATED AS PLAINTIFFS' ORIGINAL FILING FOR THE PURPOSE OF THIS CASE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MAINTAIN THE FIRST MOTION 10 UNDER SEAL TO PROTECT THE PRIVACY INTERESTS AND IDENTITIES OF CERTAIN MINOR CHILDREN IDENTIFIED IN THE FIRST MOTION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/20/18.6/20/18 ENTERED AND COPIES MAILED, E-MAILED.(fdc) (Entered: 06/20/2018)

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33 June 20, 2018

ORDER THAT PROPOSED INTERVENORS' 28 MOTION FOR LEAVE TO FILE THEIR MEMORANDUM OF LAW, OR, IN THE ALTERNATIVE, AMICUS BRIEF, IN OPPOSITION TO PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION IS GRANTED IN THAT THE COURT ACCEPTS PROPOSED INTERVENORS' MEMORANDUM OF LAW, OR, IN THE ALTERNATIVE, AMICUS BRIEF, IN OPPOSITION TO PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION ("AMICUS BRIEF") (DOC.28-1), ATTACHED AS EXHIBIT A TO THE MOTION FOR LEAVE, AS AN AMICUS BRIEF. THE AMICUS BRIEF SHALL BE DEEMED FILED AS OF THE DATE OF THIS ORDER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 6/20/18.6/20/18 ENTERED AND COPIES MAILED & E-MAILED.(fdc) (Entered: 06/20/2018)

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34 June 20, 2018

Memorandum of Law, or, in the Alternative, Amicus Brief, in Opposition to Plaintiffs' 10 Motion for Temporary Restraining Order and Preliminary Injunction filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES. (fdc) (Main Document 34 replaced on 6/21/2018) (afm, ). (Entered: 06/20/2018)

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35 June 21, 2018

NOTICE by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES of Withdrawal of appearance of Frank Cervone as Counsel (ROPER, MARY) (Entered: 06/21/2018)

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37 June 21, 2018

Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER TRO Motion Hearing was held on 6/18/18 (jaa, ) Modified on 6/22/2018 (jaa, ). COURT REPORTER/ESR. (Entered: 06/22/2018)

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38 June 21, 2018

Minute Entry for proceedings held before HONORABLE PETRESE B. TUCKER TRO Motion Hearing was held on 6/19/18 (jaa, ) Modified on 6/22/2018 (jaa, ). COURT REPORTER/ESR. (Entered: 06/22/2018)

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36 June 22, 2018

NOTICE by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Regarding New Evidence at Hearing (FIELD, BENJAMIN) (Entered: 06/22/2018)

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39 June 22, 2018

Minute Entry, Hearing re: TRO Motion Hearing for proceedings held before HONORABLE PETRESE B. TUCKER in Courtroom 16B on 6/21/18. Court Reporter: Lynn McCloskey. (kw, ) (Entered: 06/25/2018)

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40 June 25, 2018

Letter to Judge Tucker dated June 25, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re 36 Notice (Other) in response to City's 6/22 letter (RIENZI, MARK) Modified on 6/26/2018 (tjd). (Entered: 06/25/2018)

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41 June 27, 2018

Letter to Judge Tucker dated June 27, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re NIFLA v. Becerra Supreme Court decision (Attachments: # 1 Supreme Court decision)(RIENZI, MARK) Modified on 6/29/2018 (tjd). (Entered: 06/27/2018)

1 Supreme Court decision

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42 June 28, 2018

Letter to Judge Tucker dated June 28, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH re Janus v. American Federation of State, County, and Municipal Employees Council Supreme Court decision (Attachments: # 1 Supreme Court Opinion)(RIENZI, MARK) Modified on 7/2/2018 (tjd). (Entered: 06/28/2018)

1 Supreme Court Opinion

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43 June 28, 2018

NOTICE of Appearance by FRED T. MAGAZINER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES with Certificate of Service(MAGAZINER, FRED) (Entered: 06/28/2018)

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44 June 28, 2018

NOTICE of Appearance by JANE LOVITCH ISTVAN on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(ISTVAN, JANE) (Entered: 06/28/2018)

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45 June 28, 2018

Proposed Findings of Fact and Conclusions of Law by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. Certificate of Service (EWING, ELEANOR) (Entered: 06/28/2018)

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46 June 28, 2018

Proposed Findings of Fact and Conclusions of Law by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Certificate of Service (Attachments: # 1 Exhibit Supplemental Declaration of James Amato)(RIENZI, MARK) (Entered: 06/28/2018)

1 Exhibit Supplemental Declaration of James Amato

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47 June 29, 2018

Letter to Judge Tucker dated June 29, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS Objecting to Supplemental Declaration (EWING, ELEANOR) Modified on 7/5/2018 (tjd). (Entered: 06/29/2018)

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48 June 29, 2018

Memorandum of Law in Opposition re 14 MOTION to Intervene filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. (RIENZI, MARK) Modified on 7/5/2018 (tjd). (Entered: 06/29/2018)

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49 July 10, 2018

Letter to Judge Tucker dated July 10, 2018 by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH (RIENZI, MARK) Modified on 7/13/2018 (tjd). (Entered: 07/10/2018)

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50 July 11, 2018

Letter to Judge Tucker dated July 11, 2018 by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS re 49 Notice (Other) (FIELD, BENJAMIN) Modified on 7/17/2018 (tjd). (Entered: 07/11/2018)

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51 July 12, 2018

WAIVER OF SERVICE Returned Executed by CECELIA PAUL, SHARONELL FULTON, TONI LYNN SIMMS-BUSCH, CATHOLIC SOCIAL SERVICES. Waivers sent to All Defendants on 5/30/2018, answers due 7/30/2018. (WINDHAM, LORI) Modified on 7/16/2018 (tjd). (Entered: 07/12/2018)

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52 July 13, 2018

MEMORANDUM FILED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 07/13/2018. 07/13/2018 ENTERED AND COPIES MAILED AND E-MAILED.(dt) (Entered: 07/13/2018)

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53 July 13, 2018

ORDER OF 7/13/18 THAT PLAINTIFF'S INJUNCTION MOTION IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, AND PHILADELPHIA COMMISSION ON HUMAN RELATIONS SHALL FILE AN ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT (DOC. 1) NO LATER THAN TWENTY-ONE (21) DAYS FROM THE DATE OF THIS ORDER. SIGNED BY JUDGE PETRESE B. TUCKER. 7/13/18 ENTERED AND COPIES MAILED AND E-MAILED. (DT) (Entered: 07/13/2018)

Clearinghouse
54 July 13, 2018

NOTICE OF APPEAL as to 53 Order (Memorandum and/or Opinion), by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Filing fee $ 505, receipt number 0313-12924159. Copies to Judge, Clerk USCA, Appeals Clerk.**(FILED IN ERROR BY ATTY, SEE DOCUMENT 55 FOR CORRECT NOTICE OF APPEAL)** (WINDHAM, LORI) Modified on 7/17/2018 (tjd). (Entered: 07/13/2018)

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55 July 13, 2018

NOTICE OF APPEAL as to 53 Order (Memorandum and/or Opinion), by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Filing fee $ 505, receipt number 0313-12924159. Copies to Judge, Clerk USCA, and Appeals Clerk. (RIENZI, MARK) Modified on 7/17/2018 (tjd). (Entered: 07/13/2018)

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56 July 14, 2018

Emergency MOTION for Injunction pending appeal filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. Brief. (Attachments: # 1 Brief in support of motion, # 2 Text of Proposed Order)(RIENZI, MARK) Modified on 7/18/2018 (tjd). (Entered: 07/14/2018)

1 Brief in support of motion

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2 Text of Proposed Order

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57 July 16, 2018

NOTICE of Docketing Record on Appeal from USCA re 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON. USCA Case Number 18-2574 (dmc, ) Modified on 7/17/2018 (dmc, ). (Entered: 07/17/2018)

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58 July 18, 2018

ORDER THAT DEFENDANTS SHALL FILE A RESPONSE TO PLAINTIFFS EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL BY 7/23/18; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/18/18. 7/18/18 ENTERED AND E-MAILED.(jl, ) (Entered: 07/18/2018)

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59 July 18, 2018

ORDER THAT THE MOTION OF THE SUPPORT CENTER FOR CHILD ADVOCATES AND PHILADELPHIA FAMILY PRIDE TO INTERVENE AS DEFENDANTS IS STAYED; ETC.. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/18/18. 7/18/18 ENTERED AND E-MAILED.(jl, ) (Entered: 07/18/2018)

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60 July 20, 2018

MOTION for Reconsideration re 59 Order or, Alternatively, for Indicative Ruling pursuant to FRCP 62.1 filed by PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES.certificate of service. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(ROPER, MARY) (Entered: 07/20/2018)

1 Text of Proposed Order

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2 Text of Proposed Order

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61 July 23, 2018

Memorandum of Law in Opposition re 56 Emergency MOTION to Enjoin Defendants, pending appeal with Proposed Order and Certification of Service filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS. (Attachments: # 1 Text of Proposed Order)(FIELD, BENJAMIN) Modified on 7/26/2018 (tjd). (Entered: 07/23/2018)

1 Text of Proposed Order

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63 July 24, 2018

ORDER THAT PLFFS' EMERGENCY MOTION FOR INJUNCTION PENDING APPEAL (ECF NO. 56), IS DENIED. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/24/18.7/25/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/25/2018)

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62 July 25, 2018

Letter to Judge Tucker dated July 25, 2018 filed by CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS.(FIELD, BENJAMIN) Modified on 7/25/2018 (tjd). (Entered: 07/25/2018)

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64 July 26, 2018

ORDER THAT DEFTS' DEADLINE FOR FILING AN ANSWER OR RESPONSE TO PLFFS' COMPLAINT (DOC. 1) IS CONTINUED UNTIL FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/26/18. 7/27/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/27/2018)

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65 July 26, 2018

ORDER THAT TO THE EXENT THAT PARTIES WISH TO RESPOND TO THE MOTION FOR RECONSIDERATION, (DOC. 60), PARTIES SHALL RESPOND ON OR BEFORE 7/30/2018. IT IS FURTHER ORDERED THAT NO REPLY BRIEFS IN CONNECTION WITH THIS MOTION FOR RECONSIDERATION SHALL BE FILED WITHOUT LEAVE OF COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 7/26/18. 7/27/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 07/27/2018)

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66 July 30, 2018

RESPONSE in Opposition re 60 MOTION for Reconsideration re 59 Order or, Alternatively, for Indicative Ruling pursuant to FRCP 62.1 filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH. (WINDHAM, LORI) (Entered: 07/30/2018)

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67 July 31, 2018

NOTICE of Appearance by MICHAEL WU-KUNG PFAUTZ on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS with Certificate of Service(PFAUTZ, MICHAEL) (Entered: 07/31/2018)

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68 Aug. 1, 2018

ORDER THAT PROPOSED INTERVENORS' MOTION FOR RECONSIDERATION OF THE COURT'S ORDER STAYING THE MOTION FOR LEAVE TO INTERVENE OR, IN THE ALTERNATIVE, THAT THE COURT AMEND ITS ORDER TO INCLUDE AN INDICATIVE RULING PURSUANT TO F.R.C.P. 62.1 IS GRANTED, ETC. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/1/18.8/2/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 08/02/2018)

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69 Aug. 13, 2018

ORDER THAT PROPOSED INTERVENORS' MOTION TO INTERVENE IS GRANTED & THE CLERK OF COURT SHALL LIST SUPPORT CENTER FOR CHILD ADVOCATES AND PHILADELPHIA FAMILY PRIDE AS DEFTS IN THIS MATTER. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/13/18.8/14/18 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 08/14/2018)

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70 May 14, 2019

MOTION to Stay filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service.(RIENZI, MARK) (Entered: 05/14/2019)

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71 May 15, 2019

ORDER THAT PLFFS' UNOPPOSED MOTION FOR STAY DATED 5/14/2019 IS GRANTED. ALL FURTHER PROCEEDINGS IN THIS CASE ARE STAYED PENDING THE DISPOSITION OF PLFFS' PETITION FOR CERTIORARI TO THE SUPREME COURT. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/15/19.5/16/19 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 05/16/2019)

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72 Feb. 9, 2021

NOTICE of Withdrawal of Appearance by STEPHANIE H. BARCLAY on behalf of CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH(BARCLAY, STEPHANIE) (Entered: 02/09/2021)

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73 July 19, 2021

Certified copy of Order of USCA, dated 7/19/2021, as to 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, that the mandate issued on 5/14/2019 is hereby recalled in light of the U.S. Supreme Court's decision vacating the judgment of this Court and remanding the matter for further proceedings. (kw, ) (Entered: 07/19/2021)

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74 July 28, 2021

Certified copy of MANDATE of USCA, dated 7/28/21, as to 55 Notice of Appeal, filed by TONI LYNN SIMMS-BUSCH, CECELIA PAUL, CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, that the judgment of the District Court is reversed and the matter is remanded to the District Court for further proceedings. The clerk is directed to issue the mandate forthwith. (kw, ) (Entered: 07/29/2021)

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75 Sept. 8, 2021

NOTICE of Appearance by WITOLD J. WALCZAK on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES (WALCZAK, WITOLD) (Entered: 09/08/2021)

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76 Sept. 10, 2021

NOTICE of Withdrawal of Appearance by ELEANOR N. EWING on behalf of CITY OF PHILADELPHIA, DEPARTMENT OF HUMAN SERVICES FOR THE CITY OF PHILADELPHIA, PHILADELPHIA COMMISSION ON HUMAN RELATIONS(EWING, ELEANOR) (Entered: 09/10/2021)

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77 Sept. 24, 2021

Joint MOTION to Approve Consent Judgment filed by CATHOLIC SOCIAL SERVICES, SHARONELL FULTON, CECELIA PAUL, TONI LYNN SIMMS-BUSCH.Certificate of Service. (Attachments: # 1 Exhibit Proposed Consent Judgment)(WINDHAM, LORI) (Entered: 09/24/2021)

1 Exhibit Proposed Consent Judgment

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78 Sept. 25, 2021

NOTICE of Withdrawal of Appearance by MARY CATHERINE ROPER on behalf of PHILADELPHIA FAMILY PRIDE, SUPPORT CENTER FOR CHILD ADVOCATES(ROPER, MARY) (Entered: 09/25/2021)

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79 Oct. 1, 2021

ORDER THAT PARTIES' JOINT MOTION FOR CONSENT JUDGMENT (ECF NO. 77) IS GRANTED, ETC. ORDERED THAT PLFFS' NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF COUNTS I-III AND V-XVI IS HEREBY ENTERED & THOSE CLAIMS ARE DISMISSED, ETC. & THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.SIGNED BY HONORABLE PETRESE B. TUCKER ON 10/1/21.10/1/21 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 10/01/2021)

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Case Details

State / Territory:

Pennsylvania

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 18, 2018

Closing Date: Oct. 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Catholic foster care agency and social services organization

Plaintiff Type(s):

Non-profit religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Philadelphia

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Free Exercise Clause

Other Dockets:

Eastern District of Pennsylvania 2:18-cv-02075

U.S. Court of Appeals for the Third Circuit 18-02574

Supreme Court of the United States 19-123

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Issues

General/Misc.:

Foster care (benefits, training)

Government services

Religious programs / policies

Discrimination Area:

Contracting

Discrimination Basis:

Religion discrimination

Sexual orientation

LGBTQ+:

LGBTQ+

Recommended Citation