TAIT et al v. CITY OF PHILADELPHIA

Plaintiffs:MICHAEL TAIT, JOSHUA SILVER and ANN BOULAIS
Defendants:CITY OF PHILADELPHIA
 
Case Number:2:2008cv03083
Filed:July 2, 2008
 
Court:Pennsylvania Eastern District Court
Office:Civil Rights: Other Office [ Court Info ]
County:Philadelphia
Presiding Judge:HONORABLE JAN E. DUBOIS
 
Nature of Suit:Civil Rights - Other Civil Rights
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:42:1983 Civil Rights Act
Date Filed # Docket Text
July 2, 2008 1 COMPLAINT against CITY OF PHILADELPHIA ( Filing fee $ 350 receipt number 949618.), filed by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (Attachments: # 1 Civil Cover Sheet, # 2 Designation Form, # 3 Tracking Form)(tj, ) (Entered: July 2, 2008)
July 2, 2008 Summons Issued; 1 Mailed to counsel 7/2/08 as to CITY OF PHILADELPHIA. (tj, ) (Entered: July 2, 2008)
July 2, 2008 2 Disclosure Statement Form pursuant to FRCP 7.1 by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS.(tj, ) (Entered: July 2, 2008)
July 2, 2008 3 APPLICATION FOR WILLIAM H. MELLOR, ESQ. SEEKING TO PRACTICE IN THIS COURT by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS, Certificate of Service. (Fee Paid $40.00 Receipt 949619) (tj, ) (Entered: July 2, 2008)
July 2, 2008 4 APPLICATION FOR ROBERT J. MCNAMARA, ESQ. SEEKING TO PRACTICE IN THIS COURT by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS, Certificate of Service. (Fee Paid $40.00 Receipt #949620) (tj, ) (Entered: July 2, 2008)
July 7, 2008 5 ORDER THAT THE APPLICATION OF WILLIAM H. MELLOR, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/7/08. 7/8/08 ENTERED AND COPIES E-MAILED AND FAXED FROM CHAMBERS. (jpd) (Entered: July 8, 2008)
July 7, 2008 6 ORDER THAT THE APPLICATION OF ROBERT J. MCNAMARA, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE JAN E. DUBOIS ON 7/7/08. 7/8/08 ENTERED AND COPIES E-MAILED AND FAXED FROM CHAMBERS. (jpd) (Entered: July 8, 2008)
July 15, 2008 7 SUMMONS Returned Executed re: Dennis Richman served Summons and Complaint upon Diane Juno on behalf of DEFENDANT CITY OF PHILADELPHIA by Personal Service on 7/8/2008, answer due 7/28/2008. (mbh, ) (Entered: July 16, 2008)
July 28, 2008 8 ANSWER to 1 Complaint with Affirmative Defenses and Certificate of Service by CITY OF PHILADELPHIA.(MORRIS, NICOLE) Modified on 7/30/2008 (le, ). (Entered: July 28, 2008)
August 5, 2008 9 NOTICE of Hearing: PRELIMINARY PRETRIAL CONFERENCE IS SET FOR 8/11/2008 AT 5:00 PM IN CHAMBERS, ROOM 12613, BEFORE HONORABLE JAN E. DUBOIS.(ajf, ) (Entered: August 5, 2008)
August 12, 2008 10 SCHEDULING ORDER THAT DISCOVERY DUE BY 9/10/2008.,PLAINTIFFS SHALL FILE AND SERVE A MOTION FOR PRELIMINARY AND FINAL INJUNCTION ON OR BEFORE 9/15/2008. DEFENDANT SHALL FILE AND SERVE ITS RESPONSE ON OR BEFROE 9/29/08. PLAINTIFFS ARE GRANTED LEAVE TO FILE AND SERVE A REPLY TO DEFENDANTS RESPONSE TO MOTION FOR PRELIMINARY AND FINAL INJUNCTION ON OR BEFE 10/30/08 AT 10:00 A.M. PURUSANT TO FRCP 65(a)(2) THE HEARING ON PRELIMINARY AND FINAL INJUNCTION AND THE TRIAL ARE CONSOLIDATED. A HEARING ON PLAINITFFS' MOTION FOR PRELIMINARY AND FINAL INJUNCTION IS SET FOR 10/6/2008 AT 10:30 A.M. IN COURTROOM 12-B BEFORE HONORABLE JAN E. DUBOIS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 8/12/08. 8/13/08 ENTERED AND COPIES E-MAILED AND FAXED FROM CHAMBERS.(jpd) (Entered: August 13, 2008)
September 8, 2008 11 Minute Entry for Telephone Conference held before HONORABLE JAN E. DUBOIS held on 9/5/08. (jpd) (Entered: September 9, 2008)
September 8, 2008 12 Minute Entry for Preliminary Pretrial Conference held before HONORABLE JAN E. DUBOIs held on 8/11/08. (jpd) (Entered: September 9, 2008)
September 15, 2008 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS.Memorandum. (Attachments: # 1 Memorandum of Law In Support of Motion for Preliminary and Permanent Injunctive Relief, # 2 Text of Proposed Order Proposed Order)(MCNAMARA, ROBERT) (Entered: September 15, 2008)
September 16, 2008 14 ORDER THAT THE SCHEDULING ORDER OF 8/11/08 IS AMENDED SO FAR AS TO ADVANCE THE DATE OF FILING A RESPONSE TO THE MOTION FOR PRELIMINARY INJUNCTION. DEFENDANT SHALL FILE A RESPONSE TO THE MOTION FOR PRELIMINARY INJUNCTION BY 9/22/2008. PLAINTIFFS ARE GRANTED LEAVE TO FILE AND SERVE A REPLY TO THE MOTION FOR PRELIMINARY AND FINAL INJUNCTION ON OR BEFORE 9/26/08, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 9/16/08. 9/16/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd) (Entered: September 16, 2008)
September 22, 2008 15 RESPONSE in Opposition re 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by CITY OF PHILADELPHIA. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit s A-D, # 3 Exhibit s E-F)(MORRIS, NICOLE) (Entered: September 22, 2008)
September 26, 2008 16 RESPONSE in Support re 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (MCNAMARA, ROBERT) (Entered: September 26, 2008)
October 3, 2008 17 Witness List by CITY OF PHILADELPHIA. Certificate of Service (MORRIS, NICOLE) (Entered: October 3, 2008)
October 3, 2008 18 Proposed Pretrial Order by CITY OF PHILADELPHIA. (MORRIS, NICOLE) (Entered: October 3, 2008)
October 3, 2008 19 STIPULATION of Facts by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS, CITY OF PHILADELPHIA. (MCNAMARA, ROBERT) (Entered: October 3, 2008)
October 3, 2008 20 Proposed Findings of Fact and Conclusions of Law by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. Certificate of Service (MCNAMARA, ROBERT) (Entered: October 3, 2008)
October 3, 2008 21 Witness List by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. Certificate of Service (MCNAMARA, ROBERT) (Entered: October 3, 2008)
October 3, 2008 22 Proposed Pretrial Order by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (MCNAMARA, ROBERT) (Entered: October 3, 2008)
October 3, 2008 23 Proposed Findings of Fact and Conclusions of Law by CITY OF PHILADELPHIA. Certificate of Service (MORRIS, NICOLE) (Entered: October 3, 2008)
October 6, 2008 24 ORDER THAT THE REQUEST TO STAY ENFORCEMENT OF PHILADELPHIA CODE SEC. 9-214 FOR THE LESSER OF SIX MONTHS OR UNTIL RESOLUTION OF THE PENDING LITIGATION IS GRANTED. THE CITY OF PHILADELPHIA IS HEREBY ENJOINED FROM ENFORCING PHILADELPHIA CODE SEC. 9-214 FOR THE LESSER OF SIX MONTHS OR UNTIL RESOLUTION OF THE PENDING LITIGATION. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/6/08. 10/7/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd) (Entered: October 7, 2008)
October 7, 2008 25 NOTICE of TELEPHONE STATUS CONFERENCE: TELEPHONE STATUS CONFERENCE IS SET FOR 10/3/2008 AT 2:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE JAN E. DUBOIS.(ajf, ) (Entered: October 7, 2008)
October 7, 2008 26 Minute Entry for Telephone Conference held before HONORABLE JAN E. DUBOIS on 10/3/08. (jpd) (Entered: October 7, 2008)
October 9, 2008 27 ORDER THAT THE PARTIES SHALL CONTINUE TO MEET AND CONFER IN AN EFFORT TO ADDRESS THE ISSUES RELATING TO THE ORDINANCE WHICH WERE DISCUSSED DURING THE CONFERENCE AND ANY OTHER ISSUES RELATING TO THE ORDINANCE. SIGNED BY HONORABLE JAN E. DUBOIS ON 10/9/08. 10/10/08 ENTERED AND COPIES FAXED FROM CHAMBERS. (jpd) (Entered: October 10, 2008)
November 7, 2008 28 Minute Entry for proceedings held before HONORABLE JAN E. DUBOIS: Chambers Conference held on 10/6/08. (lisad, ) (Entered: November 7, 2008)
December 5, 2008 29 STATUS REPORT (Joint) by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(MCNAMARA, ROBERT) (Entered: December 5, 2008)
January 7, 2009 30 NOTICE of TELEPHONE STATUS CONFERENCE: TELEPHONE STATUS CONFERENCE IS SET FOR 1/21/2009 AT 2:30 PM BEFORE HONORABLE JAN E. DUBOIS.(ajf, ) (Entered: January 7, 2009)
January 7, 2009 31 AMENDED NOTICE of IN-CHAMBERS CONFERENCE: IN-CHAMBERS CONFERENCE IS SET FOR 1/21/2009 AT 2:30 PM BEFORE HONORABLE JAN E. DUBOIS.(ajf, ) (Entered: January 7, 2009)
January 23, 2009 32 ORDER THAT A TELEPHONE CONFERENCE IS SCHEDULED FOR 2/25/2009 AT 4:30 PM. COUNSEL FOR THE CITY OF PHILADELPHIA SHALL INITIATE THE TELEPHONE STATUS CONFERENCE. IT IS FURTHER ORDERED THAT DEFENSE COUNSEL SHALL PROVIDE THE COURT AND PLAINTIFFS' COUNSEL WITH COPIES OF SIMILAR ORDINANCES GOVERNING ACTIVITIES OF TOUR GUIDES IN OTHER CITIES INCLUDING NEW YORK CITY; WASHINGTON, D.C.; SAVANNAH, GEORGIA; CHARLESTON, SOUTH CAROLINA; NEW ORLEANS, LOUISIANA; AND GETTYSBURG, PENNSYLVANIA, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/21/09. 1/23/09 ENTERED AND COPIES E-MAILED. 1/22/09 COPIES FAXED BY CHAMBERS.(lisad, ) (Entered: January 23, 2009)
January 28, 2009 33 NOTICE of Appearance by ELISE BRUHL on behalf of CITY OF PHILADELPHIA with Certificate of Service(BRUHL, ELISE) (Entered: January 28, 2009)
January 29, 2009 34 Minute Entry for proceedings held before HONORABLE JAN E. DUBOIS: In Chambers Conference held on 1/21/09. (lisad, ) (Entered: January 29, 2009)
February 26, 2009 35 Memorandum In Support re 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief (Supplemental) filed by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (MCNAMARA, ROBERT) (Entered: February 26, 2009)
February 27, 2009 36 ORDER THAT THE NEXT TELEPHONE STATUS CONFERENCE IS SCHEDULED FOR 4/7/2009 AT 4:00 PM. COUNSEL FOR PLAINTIFFS SHALL INITIATE THE TELEPHONE STATUS CONFERENCE. THE AGENDA FOR THE CONFERENCE SHALL INCLUDE A DISCUSSION OF THE MERITS OF THE SUBMISSIONS OF THE PARTIES, AND THE SCHEDULING OF FURTHER PROCEEDINGS. IT IS FURTHER ORDERED THAT ON OR BEFORE 3/5/09, THE PARTIES, THROUGH COUNSEL, SHALL SUBMIT AN AGREED-UPON FORM OR ORDER EXTENDING THE STAY ON ENFORCEMENT OF THE ORDINANCE UNTIL FINAL ADJUDICATION BY THE COURT. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/26/09. 2/27/09 ENTERED AND COPIES E-MAILED. 2/26/09 COPIES FAXED BY CHAMBERS. (lisad, ) (Entered: February 27, 2009)
March 4, 2009 37 ORDER THAT THE PARTIES' REQUEST TO STAY ENFORCEMENT OF PHILADELPHIA CODE 9-214 UNTIL RESOLUTION OF THE PENDING LITIGATION IS GRANTED, AND THE CITY OF PHILADELPHIA IS HEREBY ENJOINED FROM ENFORCING PHILADELPHIA CODE 9-214 UNTIL THIS COURT ENTERS FINAL JUDGMENT IN THIS MATTER. SIGNED BY HONORABLE JAN E. DUBOIS ON 3/3/09. 3/4/09 ENTERED AND COPIES E-MAILED. 3/3/09 COPIES FAXED BY CHAMBERS. (lisad, ) (Entered: March 4, 2009)
March 12, 2009 38 Supplemental Memorandum of Law 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief filed by CITY OF PHILADELPHIA, Certfiicate of Service. (BRUHL, ELISE) Modified on 3/16/2009 (fh) (Entered: March 12, 2009)
March 18, 2009 39 Minute Entry for proceedings held before HONORABLE JAN E. DUBOIS: Telephone Status Conference held on 2/25/09 (lisad, ) (Entered: March 18, 2009)
March 19, 2009 40 REPLY to Response to Motion re 13 MOTION for Preliminary Injunction and Permanent Injunctive Relief Supplemental Reply filed by MICHAEL TAIT, JOSHUA SILVER, ANN BOULAIS. (MCNAMARA, ROBERT) (Entered: March 19, 2009)
Docket Report Last Checked: March 30, 2009 09:46:45 PDT
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Plaintiff: MICHAEL TAIT
Represented By: MICHAEL BERRY
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Plaintiff: JOSHUA SILVER
Represented By: MICHAEL BERRY
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Plaintiff: ANN BOULAIS
Represented By: MICHAEL BERRY
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Defendant: CITY OF PHILADELPHIA
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