Palladino et al v. Corbett et al

MOTION FOR A MORE DEFINITE STATEMENT OF, OR TO STRIKE, RESPONSE TO APPLICATION TO INTERVENE AND LETTER WITH OPINION ATTACHED, CERTIFICATE OF SERVICE

E.D. Pa.February 19, 2014

THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Cara Palladino, Isabelle Barker plaintiffs, Y. Thomas W. Corbett, in his official capacity as Governor of Pennsylvania, and his successors in office; Civil Action No. 2:13-cv-05641-MAM Kathleen Kane, in her official capacity as Attorney General of Pennsylvania, and her successors in office, defendants MOTION FOR MORE DEFINITIE STATEMENT OF, OR TO STRIKE. RESPONSE TO APPLICATION TO INTERVENE AND LETTER WITH OPINION A TT ACHED Applicants for intervention James D. Schneller, and Philadelphia Metro Task Force, apply for an order directing plaintiffs to file a more definite statement of their response to application to intervene, and striking plaintiffs' letter to the Court dated , stating as follows: 1. Plaintiffs filed a response to THE application for leave to intervene ("response") on January 24, 2014. 2. Applicants request a more definite statement of the plaintiffs response because the response has no numbered paragraphsand is in all ways a memorandum of law. United States use of Truscon Steel Co. v George Dreyman, Inc. (1945, DC Pa) 4 FRD 361. 3. Applicants request a more definite statement of the plaintiffs response because their application alleges numerous statements of fact or mixed fact and law, and plaintiffs response provides little means for applicants to know which defenses and denials of fact against which they must prepare. ----- --- ---------~----- Case 2:13-cv-05641-MAM Document 37 Filed 02/19/14 Page 1 of 3 ' 4. Appellants request that the letter with copy of the opinion and order denying intervention to applicants in Middle District No. 13-1861, Whitewood et al v. Wolf et al, that has been submitted to the Court, be stricken or directed to be filed as a pleading. 5. Applicants object also due to complete absence of particularization as to why said letter is pertinent by the filing party. Applicants have not been informed of what issues present in the opinion, which they might be required to defend. 6. The letter has not been filed of record. 7. The letter is unintelligible as a pleading. Even if the letter and opinion are intended as a general statement of res judicata or issue preclusion, there is no pleading discussing the claims and issues purported to be precluded nor why the opinion can stand as law of the case. 8. The response is unintelligibile as an answer. This causes the letter to also be further unintelligible and vague. WHEREFORE, movants respectfully request the Court's order directing plaintiffs to file an amended response to motion to intervene, which states more definitely their answer. WHEREFORE, movants respectfully request the Court's order striking the letter with opinion attached, served on the Court, or instrustions to file the letter as or with a pleading. es D. Schneller prose Philadelphia Metro Task Force 430 East Lancaster Avenue #E 25 Radnor, PA 19087 610-688-9471 Date: February 17, 2014 Case 2:13-cv-05641-MAM Document 37 Filed 02/19/14 Page 2 of 3 THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Cara Palladino, Isabelle Barker plaintiffs, v. Thomas W. Corbett, in his official capacity as Governor of Pennsylvania, et al defendants Civil Action No. 2: 13-cv-05641-MAM CERTIFICATE OF SERVICE I, James Schneller, hereby certify that I served a true and correct copy of the motion for more definite statement and to strike letter, upon the parties, by USPS 1st Class mail, and email as follows: William H. Lamb Esquire Lamb McErlane P.C. P.O. Box 565 West Chester, PA 19381-0565 Mary Abbegael Giunta Esquire Pennsylvania Office of the Attorney General Strawberry Square 15th Floor Harrisburg, PA 17120 Benjamin L. Jerner Esquire J erner & Palmer PC 5401 Wissahickon A venue Philadelphia, Pa 19144 Eric Kraeutler Esquire Morgan Lewis Bockius LLP 1701 Market St Philadelphia, Pa 19103-2921 Date: February 18, 2013 Case 2:13-cv-05641-MAM Document 37 Filed 02/19/14 Page 3 of 3