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Democracy Rising PA v. Celluci

March 24, 2009

DEMOCRACY RISING PA AND TIM POTTS, PLAINTIFFS
v.
JOHN R. CELLUCI, CHARLES A. CLEMENT, JR., CHARLES J. CUNNINGHAM, III, CECILIA GRIFFEN GOLDEN, PATRICK JUDGE, EDWARD R. KLETT, G. CRAIG LORD, CHARLENE R. MCABEE, CYNTHIA N. MCCORMICK, JACK A. PANNELLA, CAROLYN W. RUDNITSKY, JAMES R. WEAVER, AND PAUL J. KILLION, : DEFENDANTS



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

AMENDING ORDER

AND NOW, this 24th day of March, 2009, upon consideration of the memorandum (Doc. 48) entered in the above-captioned matter on March 20, 2009, and in anticipation of its publication, it is hereby ORDERED that the memorandum (Doc. 48) is AMENDED as follows:

1. In the second sentence of footnote 4, the words "nearly identical" are deleted and replaced with the word "comparable," so that the sentence reads: There have been many subsequent challenges to identical or comparable versions of the "commits clause."

2. In the citation to Ind. Right to Life, Inc. v. Sprau, in the citation sentence following the second sentence in footnote 4, the word "Sprau" is deleted and replaced with the word "Shepard," so that the citation reads: Ind. Right to Life, Inc. v. Shepard, 507 F.3d 545 (7th Cir. 2007).

3. In the citation to Ala. Right to Life v. Feldman, in the citation sentence following the second sentence in footnote 4, the word "Ala." is deleted and replaced with the word "Alaska," so that the citation reads: Alaska Right to Life v. Feldman, 504 F.3d 840 (9th Cir. 2007).

4. In the citation to Family Trust Found. of Ky. v. Wolnitzek, in the citation sentence following the second sentence in footnote 4, the abbreviation "Inc." is inserted after the word "Ky.," so that the citation reads: Family Trust Found. of Ky., Inc. v. Wolnitzek, 345 F. Supp. 2d 672 (E.D. Ky. 2004).

5. In the citation to Pa. Family Inst. v. Black, in the citation sentence that follows the third sentence in footnote 4, the abbreviation "Inc." is inserted after the word "Inst." so that the citation reads: Pa. Family Inst., Inc. v. Black, 489 F.3d 156 (3d Cir. 2007); see also infra.

6. In the third full sentence on page 4, the phrase "before the Disciplinary Board of the Supreme Court of Pennsylvania" is inserted after the parenthetical abbreviation "("ODC")," so that the sentence reads: Failure to do so may result in prosecution by the Pennsylvania Office of Disciplinary Counsel ("ODC") before the Disciplinary Board of the Supreme Court of Pennsylvania.

7. In the citation sentence following the third full sentence on page 4, the word "205," is inserted after the letter "R." so that the citation reads: (See Doc. 41 ¶ 7); see also PA. RULES OF DISCIPLINARY ENFORCEMENT R. 205, 207(b) (2009).

8. The third sentence of footnote 6 is deleted and replaced with the following: Potts seeks compensatory relief for expenses incurred in the following endeavors: "(a) design the questionnaire; (b) draft questions to be included on [the] questionnaire; (c) consult with third parties on the questions to be included on the questionnaire; (d) secure the printing of letterheads, envelopes, and return envelopes for the sending and receiving of questionnaires to and from every judge seeking retention in the 2007 general election and judicial candidate seeking their party's nomination in the 2007 primary election; (e) determine the names and addresses of every judge seeking retention in the 2007 general election and judicial candidate seeking their party's nomination in the 2007 primary election; (f) design the mailing list for the questionnaire; (g) print and affix mailing labels to questionnaire envelopes; (h) prepare the questionnaires for mailing; (i) secure postage for the sending of the questionnaires; (j) send the questionnaires via certified mail; (k) answer questions from judges and judicial candidates who received the questionnaire; (l) answer questions from the media related to the questionnaire; (m) receive and review questionnaires and responses from judges and judicial candidates; and (n) manage and post questionnaire responses on Plaintiff Democracy Rising PA's website." (Id. ¶ 37.)

9. In the fourth sentence of footnote 7, the word "entirely" is deleted.

10. In the citation to Pa. Family Institute v. Black, in the citation clause in the fifth sentence of footnote 7, the word "Institute" is deleted and replaced with the words "Inst., Inc." and the word "Black" is deleted and replaced with the word "Celluci" so that the citation ...


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