official when counties certify their results to Secretary Boockvar on November 23,
2020 – the result Plaintiffs seek to enjoin with this lawsuit.
C.
Procedural History
Although this case was initiated less than two weeks ago, it has already
developed its own tortured procedural history. Plaintiffs have made multiple
attempts at amending the pleadings, and have had attorneys both appear and
withdraw in a matter of seventy-two hours. There have been at least two perceived
discovery disputes, one oral argument, and a rude and ill-conceived voicemail
which distracted the Court’s attention from the significant issues at hand.27 The
Court finds it helpful to place events in context before proceeding further.
In the evening of November 9, 2020, Plaintiffs filed suit in this Court against
Secretary Boockvar, as well as the County Boards of Elections for the following
counties: Allegheny, Centre, Chester, Delaware, Montgomery, Northampton, and
Philadelphia.28 The original complaint raised seven counts; two equal-protection
claims, two due-process claims, and three claims under the Electors and Elections
Clauses.29
The following day, I convened a telephonic status conference with the
parties to schedule future proceedings. During that conference, I learned that
several organizations, including the Democratic National Committee, sought to file
27
28
29
Doc. 131 (denied).
See Doc. 1.
Id.
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