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HomeMy WebLinkAbout10-0521DCP:GMT:kmm DEWS P. PFANNENSCHMIDT Chief, Civil Division G. MICHAEL THIEL Assistant U.S. Attorney 311 Federal Building Scranton, PA 18501 Phone: (570)348-2821 Attorneys for Plaintiff UNITED STATES OF AMERICA, Plaintiff, V. MARSHALL KATZ, Defendant. TO: Clerk of Cumberland County Dear Sir or Madam: ?. X7.1 y 20'6n E pE.,, r.. V• 4"u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION : NO. ??-Sa I TERM P R A E C I P E File the attached Abstract of Judgment in your Court against the defendant above named, MARSHALL KATZ, whose last known address was 246 N. 32"d Street, Camp Hill, PA 17011, and in favor of the United States of America, plaintiff, in the amount of $4,449.35. Judgment is to accrue interest at the current legal rate as of the date of judgment, compounded annually until paid in full. DENNIS P. PFANNENSCHMIDT Chief, Civil Div' G. MICHAEL THIEL Assistant U.S. Attorney KAREN M. MUSLOSKI Paralegal Specialist Dated: January 6, 2010 t ?qr a o Pt ?Ny ?-U7,4..7 7,)4 el??c ,%?c? N i ABSTRACT OF JUDGMENT NOTICE Pursuant to Title 28, United States Code, Section 3201, this judgment, upon the filing of this abstract in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of 26 U.S.C. §6323(f), creates a lien on all real property of the defendant(s) and has priority over all other liens or encumbrances which are perfected later in time. The lien created by this section is effective, unless satisfied, for a period of 20 years and may be renewed by filing a notice of renewal. If such notice of renewal is filed before the expiration of the 20-year period to prevent the expiration of the lien and the court approves the renewal, the lien shall relate back to the date the judgment is filed. Names and Addresses of Parties against whom Names of Parties in whose favor judgments have been judgments have been obtained: obtained: John Doe (MARSHALL KATZ) 246 N. 32nd Street THE UNITED STATES OF AMERICA (Kane, J.) Camp Hill, PA 17011 1:04-CV-2170 Amount of Judgment Names of Creditors' Attorneys When Docketed G. MICHAEL THIEL, AUSA April 6, 2009 $ 4,449.35 P.O. BOX 309 (Kane, J.) $, FEDERAL BUILDING $• SCRANTON, PA 18501 TOTAL $4,449.35 Phone: (570) 348-2800 PLUS INTEREST and costs ImIIT=r% CTATCQ nc euiGQice M FRK'S OFFICE U.S. DIST RICT COURT FOR THE VIII ILV VIr\I -_-.- CIVIL ACTION NO.: 1:04-CV-2170 MIDDLE DISTRICT OF PENNSYLVANIA SS. I CERTIFY, T at the foregoing is a correct Abstract of the Judgment entered or registered by this Court. Dated _(___, 2010 MARY E. D'ANDREA, CLERK B y: Deputy Clerk S£ :$ WV g_ Nvr OIOZ 4.i.-ill ' .: •y '? ?.J.;; Ralph B. Pinskey, Esquire • PA Attorney ID #06877 Law Offices of Ralph B. Pinskey 2414 Logan Street Harrisburg, Pa. 17110 (717) 576-7383 RBPinskey@aol.com Attorney for Defendant/Petitioner LED -OFFICE l t PF C? HC('1Q iA b y. 2Ji4 JUN 1 1 P' 12: CO CUMBERLAND COUNTY PENNSYLVANIA UNITED STATES OF AMERICA, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY V. : CIVIL Division MARSHALL KATZ, Defendant : NO. 10-521 CIVIL TERM DEFENDANT'S PETITION TO STRIKE VOID JUDGMENT AND FOR AN AWARD OF ATTORNEY'S FEES 1. On April 13, 2009 a Judgment in the amount of $4, 449.35 was entered by the Clerk of the United States District Court for the Middle District of Pennsylvania in the matter of John Doe v. Donald C. Winter, Secretary of the Department of the Navy, Civil Action 1:04 -CV -2170, against John Doe and in favor of Defendant Donald C. Winter in his capacity as Secretary, Department of the Navy. A true and correct copy of that Judg- ment (with the exception of what is handwritten on that document) is attached hereto as Exhibit "A." 2. John Doe is a fictious name 3. A judgment against a fictious person is void and unenforceable. 4. The judgment entered by the Clerk of the District Court on April 13, 2009 against "John Doe" is void and unenforceable. 5. On or about January 6, 2010 Plaintiff obtained from the aforesaid Clerk of the District Court an ambiguous Abstract of Judgment showing that a judgment in the amount of "$4,449.35" was entered on "April 6, 2009" against "John Doe (MARSHALL KATZ)" and in favor of " the United States of America." A true and correct copy of that Abstract of Judgment is attached hereto as Exhibit "B." 6. The Abstract of Judgment (Exhibit "B") is ambiguous in the following respects: a. On the Abstract of Judgment (Exhibit "B") the date of the judgment is April 6, 2009; whereas the date on the actual Judgment (Exhibit "A") is April 13, 2009; b. On the Abstract of Judgment (Exhibit"B") the name of the party against whom jugment was obtained is "John Doe (MARSHALL KATZ)"; whereas on the actual judg- ment (Exhibit "A"), the name of the party against whom judgment was obtained is "John Doe."; c. On the Abstract of Judgment (Exhibit "A") the name of the party in favor whom the judgment was entered is "the United States of America;" whereas, on the actual judg- ment (Exhibit "A"), the name of the party in favor whom the judgment was entered is "Donald C. Winter, Secretary, Department of the Navy." 7. On January 22, 2010 Plaintiff by and through its attorneys filed a Praecipe with the Prothonotary of this Court of Common Pleas directing said Prothonary to file the aforesaid Abstract of Judgment. A true and correct copy of Plaintiffs Praecipe is attached hereto as Exhibit "C." 8. It is the practice in the U.S. District Court for the Middle District of Pennsylvania for the attorneys of the parties to prepare proposed Orders and Judgments for issuance by the Court. Consequentially, Defendant believes and therefore avers that both the Judg- ment entered on April 13, 2009 (Exhibit "A) and the Abstract of Judgment (Exhibit "B") were prepared for the Court's issuance by Counsel for Plaintiff. 9. Counsel for Plaintiff herein filed the aforesaid Praecipe and Abstract of Judgment in bad faith because Counsel for Plaintiff knew or should have known that the judgment entered on April 13, 2009 by the Clerk of the District Court against the fictious person known as "John Doe" was void and unenforeable. 10. Counsel for Plaintiff herein also filed the aforesaid Praecipe and Abstract of Judg- ment in bad faith because Counsel for Defendant knew or should have known that the information contained in the Abstract of Judgment (particularly the name of the party against whom the judgment was entered) was ambiguous. 11. Very shortly after the Abstract of Judgment was entered in the Court of Common Pleas of Cumberland County, Plaintiff began efforts to collect on that judgment from Marshall Katz. 12. On January 28, 2010 Counsel for Defendant wrote a letter to Counsel for Plaintiff specifically calling Plaintiffs attention to the fact that subject Judgment was entered against "John Doe," not Marshall Katz. A true and correct copy of that letter is attached hereto as "Exhibit "D." 13. Fed.R.Civ.P 60(a) provides in pertinent part that: "The Court may correct a clerical mistake or a mistake arising from over- sight or omission whenever one is found in a judgment, order, or any other part of the record. The Court may do so on motion or on its own, with or without notice." 14.. If Plaintiff and its Counsel had held a reasonable and honest belief that the Judg- ment entered in the District Court against "John Doe" was as a result of a clerical mistake or a mistake arising from oversight or omission, and that Judgment should have been entered against Marshall Katz; Fed.R.Civ.P. 60(a) (if it had been timely invoked by Plaintiff) provided a legal means of obtaining correction. 15. Since receipt of the letter written by Plaintiffs Counsel on January 28, 2010 Defen- dant has made no effort in the 4 and 1/2 year interim to invoke Fed.R.Civ.P. 60 (a) to cor- rect the name of the peson against whom judgment was entered and Plaintiff continues to cling to the void and unenforceable judgment that it deceptively transfered to this Court from the U.S. District Court. WHEREFORE, Defendant petitions this Court to enter an Order: A. Declaring the Judgment entered on April 13, 2009 against "John Doe" to be void and unenforceable; B. Striking the Abstract of Judgment filed in this Court on January 22, 2010; C. Awarding a reasonable attorney's fee to Counsel for Defendant on the grounds of bad faith for his legal services in bringing this proceeding against Plaintiff; and D. Awarding such other relief as may be just, legal, and equitable under the facts of this case. RALPH B. PINSKEY, ESQUI Attorney ID #06877 Law Offices of Ralph B. Pinskey 2414 Logan Street Harrisburg, Pa. 17110 (717) 576-7383 RBPinskey@aol.com Attorney for Defendant/Petitioner t Case 1:04-cv-02176...: Document 119 Filed 04I13/20t7-d Page 1 of 1 o?oi0,4 zoo -9e' IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOHN DOE Plaintiff : CIVIL ACTION 1: 04 -CV -2170 . (Chief Judge Kane) v. DONALD C. WINTER, Secretary, Department of the Navy Defendant • • • • • • • • • JUDGMENT Pursuant to the court's judgment entered April 6, 2007 and Federal Rule of Civil Procedure 54(d)(1), costs are taxed against the plaintiff John Doe and in favor of defendant Donald C. Winter, Secretary, Department of the Navy in the amount of $4,44935. DATE: April 13, 2009 ATTEST: s/Mary E. D'Andrea MARY E. D'ANDREA, Clerk 7/7-74/- 57a/ / '99s/s9 // 712.. ABSTRACT OF JUDGMENT NOTICE Pursuant to Title 28, United States Code, Section 3201, this judgment, upon the filing of this abstractin • • •••• the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of 26 U.S.C. §6323(f), • ' creates a lien on all real property of the defindant(s) and has priority over all other liens or:encumbrances • • • • which are perfected later In time. The lien created by this section is effective, unless satisfied,- for a4yeriod. of 20 years and may be renewed by filing a notice of renewal. If such notice of renewal isffied before the : : • expiration of the 20 -year period to prevent the expiration of the lien and the court approves the renewal; the lien shall relate back to the date the Judgment is filed. Names and Addresses of Parties against whom judgments have been obtained: Names of Parties in whose favor judgments have been obtained: John Doe (MARSHALL KATZ) 246 N. 32 Street • Camp Hill, PA 17011.. THE UNITED STATES OF AMERICA (Kane, J.) 1:04 -CV -2170 • Amount of Judgment Names of Creditors' Altorneys When Docketed $ • 4,449.35 G. MICHAEL THIEL, AUSA P.O. BOX 309 FEDERAL BUILDING SCRANTON, PA 18501 Phone: (570) 348-2800 April 6, 2009 (Kane, J.) . $* $* TOTAL $4,449.35 PLUS INTEREST and costs UNITED STATES OF AMERICA. CLERK'S OFFICE U.S. DISTRICT COURT FOR THE CIVIL ACTION NO.: 1:04 -CV -2170 MIDDLE DISTRICT OF PENNSYLVANIA SS. 1 CERTIFY, Tat the foregoing is a correct Abstract of the Judgment entered or registered by this Court. Dated / , 2010 MARY E. D'ANDREA, CLERK Deputy Clerk 7 EXHIBIT "C" DCP:GMT:kmm DENNIS P. PFANNENSCHMIDT Chief, Civil Division G. MICHAEL THIEL Assistant U.S. Attorney 311 Federal Building Scranton, PA 18501 Phone: (570)348-2821 Attorneys for Plaintiff UNITED STATES OF AMERICA, Plaintiff, v. MARSHALL KATZ, Defendant. C r) cz IN THE COURT OF C1IIMCJ,N PLEAS o OF CUMBERLAND COUNTY CIVIL DIVISION fj G)vti : NO. i b" 5 -XI TERM PRAECIPE TO: Clerk of Cumberland County Dear Sir or Madam: File the attached Abstract of Judgment in your Court against the defendant above named, MARSHALL KATZ, whose last known address was 246 N. 32"d Street, Camp Hill, PA 17011, and in favor of the United States of America, plaintiff, in the amount of $4,449.35. Judgment is to accrue interest at the current legal rate as of the date of judgment, compounded annually until paid in full. DENNIS P. PFANNENSCHMIDT Chief, Civil Dive / G. MICHAEL THIEL Assistant U.S. Attorney KAREN M. MUSLOSKI Paralegal Specialist Dated: January 6, 2010 EXHIBIT "D" LAW OFFICES OF RALPH B. PINSKEY 2414 Logan Street Harrisburg, Pa. 17110 (717) 576-7383 RBPinskey@aol.com January 28, 2010 Dennis C. Pfannenschmidt United States Attorney P.O. Box 309 Scranton, Pa. 18501-0309 Ronald R. Strawser v. Robert M. Gates Civil No. 1:07 -CV -420 USAO No. 2010A10610/001 John Doe v. Donald C. Winter Civil No. 1:04-CV2170 USAO No. 2010A10598/001 Dear Mr. Pfannenschmidt: On January 22, 2010 a paralegal in your office by the name of Karen M. Musloski wrote directly to my clients Ronald R. Strawser and Marshall Katz (a/kJa John Doe) about payment of the award of costs entered in their respective cases. As you know, it is highly unethical to correspond directly with opposing parties when it is known or should be known that they are represented by counsel. Please see that something like this does not happen again. Although Rule 54 provides for an award of costs to the prevailing party as a matter of course, in my 30 years of actual civil practice before the Middle District I have never experienced a prevailing defendant in a discrimination case, including a prevailing federal defendant, seek to collect costs. In my opinion, the collection of costs from a losing plaintiff in a discrimination case, except where there is bad faith, would have a chilling effect on the enforcement of the discrimination laws. Mr. Katz's situation presents an additional issue. The judgment is against John Doe, not Mr. Katz, even though your office has known the identity of John Doe. I would hope that you would reconsider trying to collect costs from my clients. CC: Ronald R. Strawser Marshall Katz 1V; Very truly yours, Ralph B. Pinskey V. VERIFICATION Defendant/ Petitioner Marshall Katz is currently out of the Country and unable to personally make this Verification. As his attorney, I make this Verification in his place. I, Ralph B. Pinskey, Esquire, attorney for Defendant/ Petitioner verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifications to authorities. RALPH B. PINSKEY, ESQUIRE Attorney for Defendant/Petitioner CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Petition was this day served on the Plaintiff/Respondent by U.S. First Class Mail, postage prepaid, addressed as follows: Date: June 11, 2014 G. Michael Thiel, Esquire Assistant U.S. Attorney U.S. Attorney's Office 311 Federal Building Scranton, Pa. 18501 Attorney for Plaintiff/ Respondent RALPH B. P SKEY, ESQ Attorney for Defendant/Petitioner UNITED STATES OF AMERICA, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY V. : CIVIL Division MARSHALL KATZ, Defendant : NO. 10-521 CIVIL TERM RULE TO SHOW CAUSE AND NOW, this /3 day of V u t1 L , 2014 a Rule is hereby issued on Plaintiff United States of America to Show Cause why Defendant's Petition to Strike Void Judgment and for an Award of Attorney's Fees should not be granted. Rule returnable days after service hereof. Cop t' iferiLck_ 14-1-%y ii-. iel.cL-TtieL. (4/0Y C'3 cv. rrl C73 (Ti 21 .Zi G) 2:C) .ate CLZD 3 PETER J. SMITH United States Attorney JAMES T. CLANCY Assistant U.S. Attorney 235 N. Washington Avenue Scranton, PA 18501 570-348-2800 Attorneys for Plaintiff a JUL 10 li{`1 1 CUMBERLAND COU1' PENNSYLVANIA ` 1 UNITED STATES OF AMERICA, : IN THE COURT OF Plaintiff COMMON PLEAS OF v. CUMBERLAND COUNTY CIVIL DIVISION MARSHALL KATZ, Defendant No. 10-521 Civil Term PRAECIPE TO THE CLERK OF JUDICIAL RECORDS OF CUMBERLAND COUNTY You are hereby directed to mark the above judgment Satisfied of Record. The costs of satisfaction were paid upon the filing of the lien. S T. CLANCY Assistant U.S. Attorney PA Bar No. 54339 235 N. Washington Avenue Scranton, PA 18501 570-348-2800 UNITED STATES OF AMERICA, : IN THE COURT OF Plaintiff COMMON PLEAS OF v. CUMBERLAND COUNTY CIVIL DIVISION MARSHALL KATZ, Defendant No. 10-521 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Middle District of Pennsylvania and is a person of such age and discretion to be competent to serve papers. That on this 10th day of July, 2014, she served a copy of the foregoing UNITED STATES OF AMERICA'S PRAECIPE by placing a copy in a postpaid envelope addressed to the persons hereinafter named, at the place and address stated below, which is the last known address, and by depositing said envelope and contents in the United States Mail at Harrisburg, Pennsylvania: Ralph B. Pihskey, Esquire 2414 Logan Street Harrisburg, PA 17110 KATE L. MERSHIMER Assistant U.S. Attorney PETER J. SMITH United States Attorney JAMES T. CLANCY Assistant U.S. Attorney KATE L. MERSHIMER Assistant U.S. Attorney 235 N. Washington Avenue Scranton, PA 18501 570-348-2800 Attorneys for Plaintiff UNITED STATES OF AMERICA, : v. MARSHALL KATZ, Plaintiff Defendant • • • • • RD 'VIC irD TA ill JUL I 14 2: 2 3 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 10-521 Civil Term PLAINTIFF'S OPPOSITION TO DEFENDANT'S "PETITION TO STRIKE VOID JUDGMENT AND FOR AN AWARD OF ATTORNEY'S FEES" Introduction The above -captioned matter, filed in 2010, concerns the United States placement of a lien on the property of defendant, Marshall Katz, in order to satisfy an April 9, 2009 judgment of $4,449.35 entered by the Clerk of Court for the United States District Court for the Middle District of Pennsylvania. This judgment had been entered in favor of the Government and against Katz when he had filed an employment discrimination lawsuit and used a pseudonym, John Doe, instead of Katz. Although the judgment has since been satisfied, rendering this matter moot, Katz has filed a "Petition to Strike Void Judgment and for an Award of Attorney's Fees" in which he requests, inter alia, that this Court find the federal court's April 9, 2009 judgment is "void and unenforceable." On June 13, 2014, the Court issued a rule to show cause why Katz's motion should not be granted. (This rule to show cause was filed on June 17, 2013, and received by the Government on June 23, 2014.) As explained below, the Court should deny Katz's motion because the case is moot due to the judgment having been satisfied; a state court does not have the authority to void a federal judgment (which Katz never challenged in the federal proceedings); and, even if the merits could be reached, the motion is patently meritless. Statement of Relevant Facts 1. In 2004, Marshall Katz, a now -retired Navy employee, filed an employment discrimination lawsuit against the Secretary of the United States Department of the Navy in his official capacity. See Doe v. 2 England, No. 1:CV-04-2170 (M.D. Pa.)(Dkt. No. 1)(the federal court's docket entries are attached as Govt. Exh. A). In federal court, a lawsuit against a federal official in his official capacity is effectively a lawsuit against the governmental agency. See Kentucky v. Graham, 473 U.S. 159, 165 (1985)("A plaintiff seeking to recover on a damages judgment in an official -capacity suit must look to the government entity itself'). 2. Katz filed the lawsuit under the pseudonym of "John Doe" without seeking court authorization. See Doe v. Megless, 654 F.3d 404, 408-410 (3rd Cir. 2011)(noting Fed. R. Civ. P. 10(a)'s requirement that the parties be identified in the caption of the complaint and addressing the circumstances when a plaintiff can proceed under a fictitious name) Doe v. Frank, 951 F.2d 320, 322-24 (7th Cir. 1992)(same). Katz used the pseudonym despite having used his actual name during the underlying EEO proceedings. 3. At no time during the federal proceedings was plaintiff "John Doe" an unknown individual; rather it was a pseudonym used in place of "Marshall Katz" on court -filed documents. Indeed, throughout the federal proceedings, including during discovery proceedings, all counsel and all witnesses used Katz's actual name. 3 4. During the federal proceedings, the Hon. Yvette Kane verbally directed Katz to file a motion seeking leave to use a pseudonym. Katz later filed that motion, which the parties briefed. 5. In the meantime, the Government moved for summary judgment on the ground that Doe (Katz) could riot establish discrimination. Judge Kane granted that motion on April 5, 2007, entering judgment in favor of the Secretary of the Navy and against John Doe (i.e. Marshall Katz) while finding all other pending motions moot, Govt. Exh. A (Dkt. No. 101), with final judgment entered on April 6, 2007. See Govt. Exh. B (judgment). 6. As the prevailing party, the Government filed a bill of costs against Katz, who was still technically identified as John Doe. See Govt. Exh. A (Dkt. Entries 103, 104)). The Clerk of Court for the Middle District of Pennsylvania delayed taking action on the Government's request to tax costs because Katz had filed a post- judgment motion, which ultimately was denied, and then had filed an appeal to the Third Circuit at No. 07-3481, which also ultimately was unsuccessful. Id. (Dkt. Entries 106, 117). 4 7. When Katz appealed to the Third Circuit Court of Appeals, the Government moved to compel him; the appellant, to proceed under his actual name. On September 18, 2007, the Third Circuit held that appellant (Katz) could not pursue his appeal through a pseudonym. Appellant then agreed to proceed with the appeal using his actual name, Marshall J. Katz. On October 30, 2007, the Third Circuit ordered the caption of the appeal changed to Marshall J. Katz v. Donald C. Winter (the then -current Secretary of the Department of the Navy). 8. On December 17, 2008, the Third Circuit affirmed the district court's grant of summary judgment in favor of the Government and against Katz, see Katz v. Winter, 303 Fed. App'x. 125 (3rd Cir. 2008), cert. denied, Katz v. Mabus, 558 U.S. 820 (2009), and taxed costs against Katz. 9. After the Third Circuit affirmed, the district court's judgment, the Clerk of Court directed that any objections to the Government's bill of costs be filed by March 28, 2009. Govt. Exh. A (Dkt. Entry 117). Katz filed no objections — either as to the amount of the costs or his novel argument that costs could not be imposed against him because he had used the pseudonym of "John Doe." See Govt. Exh. A (docket entries). 10. On April 13, 2009, the Clerk of Court granted the Government's bill of costs in the underlying district court action and entered judgment against plaintiff, John Doe, in the amount of $4,449.35. Katz did not appeal nor otherwise challenge this judgment in any way before the district court judge or Third Circuit Court of Appeals. 11. The Government subsequently requested Katz to pay the court-ordered costs but Katz did not do so. See Govt. Exhs. C & D (exchange of letters regarding the payment of costs). 12. Due to Katz's failure to pay the district court costs, the Government sought, and the Clerk of Court for the Middle District of Pennsylvania issued on January 1, 2010, an Abstract of Judgment in the amount of $4,449.35 in favor of the United States and against "John Doe (MARSHALL KATZ)." This abstract also identified Katz's home address. See Govt. Exh. E (abstract of judgment). 11. To effectuate the Abstract of Judgment, which effectively was a lien, on January 22, 2010, the Government filed the Abstract of 6 Judgment in the above captioned action at United States of America v. Marshall Katz, No. 10-521 Civil Term (Court of Common Pleas of Cumberland County). See Govt. Exh. F. Katz still did not pay the costs taxed against him. 12. In March 2014, however, through the use of the Treasury Offset Program, the United States received complete payment of the sum of $4,449.35 owed by Katz. Thus, on June 18, 2014, the United States filed a satisfaction of judgment in the district court action. See Govt. Exh. G. The United States also filed a praecipe to the Clerk of Judicial Records of Cumberland County requesting the judgment be marked satisfied upon payment of the recording costs by Katz. See Govt. Exh. H (Praecipe and cover letter). Upon realizing that it had already paid the costs of satisfaction when it had first filed the lien, the Government filed another praecipe in the Court of Common Pleas of Cumberland County on July 10, 2014, requesting the Prothonotary to mark the judgment satisfied. See Govt. Exh. I. Current Motion On June 11, 2014, four and a half years after the United States had filed its lien against Katz, Katz filed a "Petition to Strike Void 7 Judgment and for an Award of Attorney's Fees" before this Court. Katz requests this Court to find that the federal April 13, 2009 judgment issued by the Clerk of Court for the United States District Court for the Middle District of Pennsylvania, which awarded the Government its costs due to Katz's unsuccessful federal lawsuit, is "void and unenforceable." If this Court finds the federal judgment is void and unenforceable, Katz then asks the Court to strike the United States' January 22, 2010 Praecipe and Abstract of Judgment. Katz also seeks his attorney's fees and costs in filing this petition. Preliminarily, Katz's petition is moot. The April 13, 2009 federal judgment granting the United States $4,449.00 in costs was paid in March 2014, and marked satisfied on June 18, 2014. Further, the Government has filed the appropriate documentation in this Court noting that the January 22, 2010 lien has been satisfied. Thus, because the April 13, 2009 judgment has been paid and the lien marked satisfied, the question whether the underlying federal judgment was valid is moot. See In re Gross 382 A.2d 116, 119-21 (Pa. 1978) (observing that intervening change in facts or law can render case moot and discussing cases). Second, a state court is without authority to void a federal judgment. See Yaracs v. Summit Academy, 845 A.2d 203, 207-208 (Pa. Cmwlth. 2004)(citing Wolgin v. State Mutual Investors, 402 A.2d 669 (Pa. Super. 1979)). The United States Supreme Court also has held that state courts have no authority to restrain federal -court proceedings in in personam actions. Donovan v. City of Dallas, 377 U.S. 408 (1964). In this case, Katz asks this Court to find that a federal judgment awarding costs against him is void. Indeed, he seeks this relief in state court even though he never once challenged the judgment in federal court. Katz simply cannot ask a state court to invalidate a federal judgment — let alone five years after the judgment was issued. Last, although the Court should not reach the merits of Katz's motion, we note that the motion is patently frivolous. Katz has not offered any legal support — and the Government has found none — that permits a party to proceed in a case using a pseudonym and then argue that any adverse judgment issued against him is invalid because the judgment was issued using the pseudonym. Under this novel legal theory, the federal court's April 6, 2007 judgment entering judgment on the merits in favor of the Government and against John Doe (Katz), see 9 (Govt. Exh. B), likewise would be a nullity. It, of course, is not a nullity but instead is a valid judgment, just as the subsequent judgment awarding the Government its costs against Doe (Katz) is a valid judgment. In short, Katz's motion is moot, made without legal authority, and meritless and this Court should summarily deny it. Respectfully submitted, Date: July 14, 2014 10 PETER J. SMITH United States Attorney //zei KATE L. MERSHIMER Assistant U.S. Attorney PA Bar No. 37340 kate.l.mershimer@usdoj.gov JAMES T. CLANCY Assistant U.S. Attorney PA Bar No. 54339 235 N. Washington Avenue Scranton, PA 18501 Phone: 570-348-2806 Pennsylvania Middle District Version 6.1 Page 1 of 11 CLOSED,HBG,STANDARD United States District Court Middle District of Pennsylvania (Harrisburg) CIVIL DOCKET FOR CASE #: 1:04-cv-02170-YK Doe v. US Department of the Navy et al Assigned to: Honorable Yvette Kane Case in other court: USCA, 07-03481 Cause: 42:2003 Job Discrimination Plaintiff John Doe V. Defendant US Department of the Navy Defendant Secretary Gordon England Date Filed: 09/29/2004 Date Terminated: 04/06/2007 Jury Demand: Plaintiff Nature of Suit: 442 Civil Rights: Jobs Jurisdiction: U.S. Government Defendant represented by Ralph B. Pinskey Pinskey & Foster 2414 Logan Street Harrisburg, PA 17110 717-576-7383 Fax: 17172347832 Email: RBPinskey@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Kate L. Mershimer U.S. Attorneys Office Room 217, Federal Bldg. 228 Walnut St. Harrisburg, PA 17108 717-221-4482 Fax: 17172214493 Email: kate.l.mershimer@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED represented by Kate L. Mershimer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed Docket Text 09/29/2004 1 COMPLAINT against Gordon England, US Department of the Navy ( Filing https://ecf.pamd.uscourts.gov/cgi-bin/DktR I GOVERNMENT EXHI�BIT 5-L 1 0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 2 of 11 https://ecf.pamd.uscourts. gov/cgi-bin/DktRpt.pl? 115052486683 745-L_1 _0-1 6/26/2014 fee $150, Receipt Number 333 98570), filed by John Doe. (Attachments: # 1 Civil Cover Sheet)(aaa) (Entered: 09/29/2004) 09/29/2004 Summons Issued as to Gordon England, US Department of the Navy and provided to Attorney for service on Defendant(s). (aaa) (Entered: 09/29/2004) 09/29/2004 2 NOTICE/LETTER from Court to counsel, dated 9/29/04, regarding case assignment and procedures. (sc) (Entered: 09/29/2004) 11/03/2004 3 ORDER Scheduling Conference set for 1/27/2005 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. See Order for further details.Signed by Judge Yvette Kane on 11/2/04. (pw, ) (Entered: 11/03/2004) 12/07/2004 4 ORDER - AND NOW, this 7th day of December, 2004, IT IS HEREBY ORDERED THAT the Case Management Conference scheduled for January 27, 2005, is RESCHEDULED to January 28, 2005, at 10:30 a.m. The Case Management Plan shall be filed on or before January 21, 2005. Plft's cnsl shall initiate this conference call. The telephone number of the Ct is 717-221-3990. Signed by Judge Yvette Kane on December 7, 2004. (kjn) (Entered: 12/07/2004) 12/29/2004 5 ANSWER to Complaint by US Department of the Navy, Gordon England. (Mershimer, Kate) (Entered: 12/29/2004) 01/21/2005 6CASE MANAGEMENT PLAN Joint Case Management Plan filed by Ralph Pinskey on behalf of John Doe and on behalf of the Navy by their Attorney Kate L. Mershimer by John Doe. (Pinskey, Ralph) (Entered: 01/21/2005) 01/28/2005 8 ORDER - STANDARD CASE MANAGEMENT TRACK - IT IS HEREBY ORDERED THAT the following deadlines will apply in this case - Discovery due is by 9/30/2005. Jury Selection and Jury Trial are set for 4/3/2006 at 9:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. Pretrial Memos are due by 3/13/2006. A Pretrial Conference is set for 3/21/2006 at 2:00 PM in Harrisburg - Chambers #4 before Honorable Yvette Kane. See Order for more details. Signed by Judge Yvette Kane on January 28, 2005. (kjn) Additional attachment(s) added on 2/1/2005 (kjn, ). (Entered: 01/28/2005) 08/29/2005 9 MOTION for Extension of Time to Plaintiffs Unopposed Motion by John Doe. (Attachments: # 1 order)(Pinskey, Ralph) (Entered: 08/29/2005) 08/30/2005 1.0 ORDER- Upon consideration of the Unopposed 9 Motion to Extend Time, IT IS HEREBY ORDERED that the Case Mgmt Order is amended to provide that the date set for close of fact Discovery is extended to 11/11/2005. All other dates remain the same.Signed by Judge Yvette Kane on August 30, 2005. (sc) (Entered: 08/30/2005) 09/06/2005 12 ORDER Upon consideration of the interrogatory sets, pltfs objs. thereto, and the applicable law, IT IS ORDERED THAT pltfs objs. are overruled in part and sustained in part. Plaintiff shall answer all of deft's interrogs contained w/in the first and second sets except for Interrogatory 11(b).Signed by Judge Yvette Kane on 9/6/05. (jc) (Entered: 09/06/2005) 11/07/2005 13 First MOTION to Stay Plaintiffs Motion to Suspend Case Management https://ecf.pamd.uscourts. gov/cgi-bin/DktRpt.pl? 115052486683 745-L_1 _0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 3 of 11 https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?115052486683745-L_1_0-1 6/26/2014 Schedule by John Doe. (Attachments: # 1 Order)(Pinskey, Ralph) (Entered: 11/07/2005) 11/07/2005 14 BRIEF IN SUPPORT Plaintiffs Legal Memorandum in Support of his Motion to Suspend Case Management Schedule re 13 First MOTION to Stay Plaintiffs Motion to Suspend Case Management Schedule filed by John Doe. (Pinskey, Ralph) (Entered: 11/07/2005) 11/07/2005 15CERTIFICATE of Non -Concurrence by US Department of the Navy, Gordon England re 13 First MOTION to Stay Plaintiffs Motion to Suspend Case Management Schedule. (Mershimer, Kate) (Entered: 11/07/2005) 11/14/2005 16 ORDER REFERRING CASE to Magistrate Judge J. Andrew Smyser for resolution of 13 Motion to suspend Case Management Schedule and any other discovery disputes in connection thereto.Signed by Judge Yvette Kane on 11/14/05. (pw, ) (Entered: 11/14/2005) 11/14/2005 17 BRIEF IN OPPOSITION re 13 First MOTION to Stay Plaintiffs Motion to Suspend Case Management Schedule filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 11/14/2005) 11/15/2005 18 REQUEST for Plaintiffs Unopposed Request to Clarify Order of November 14, 2005 by John Doe. (Attachments: # :1 Order)(Pinskey, Ralph) (Entered: 11/15/2005) 11/15/2005 19 ORDER - This Court's Order of 11/14/05 is clarified to provide that ALL unresolved discovery disputes connected with this case. 18 Signed by Judge Yvette Kane on November 15, 2005. (sc) (Entered: 11/15/2005) 11/18/2005 2() REPLY BRIEF re 13 First MOTION to Stay Plaintiffs Motion to Suspend Case Management Schedule filed by John Doe. (Attachments: # 1 Exhibit(s)) (aaa) (Entered: 11/21/2005) 11/18/2005 21 Letter dated November 18, 2005 from Ralph Pinskey explaining why Document 20 was not filed electronicaly. (aaa) (Entered: 11/21/2005) 11/22/2005 22 ORDER - IT IS ORDERED that a conference is set for November 30, 2005 at. 3:00 p.m., in Chambers, Room 1160, Eleventh Floor, Federal Bldg., Third & Walnut Streets, HBG, PA. (cc: pltf, all cnsl, CT) Signed by Mag. Judge J. Andrew Smyser on 11/22/05. (rc) Additional attachment(s) added on 11/22/2005 (rc, ). (Entered: 11/22/2005) 11/30/2005 23 Unopposed MOTION for Extension of Time to To Extend the Dispositive Motion Deadline by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order (Two orders attached))(Mershimer, Kate) (Entered: 11/30/2005) 12/01/2005 25 ORDER denying 13 Motion to Stay case management schedule.Signed by Judge J. Andrew Smyser on 12/1/05 (pw, ) (Entered: 12/01/2005) 12/01/2005 26 RESPONSE by John Doe to 23 Unopposed MOTION for Extension of Time to To Extend the Dispositive Motion Deadline. (Pinskey, Ralph) (Entered: 12/01/2005) https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?115052486683745-L_1_0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 4 of 11 12/01/2005 27 MOTION for Extension of Time to Plaintiffs Deadline for Filing his Dispositive Motions by John Doe. (Attachments: # 1 Order)(Pinskey, Ralph) (Entered: 12/01/2005) 12/02/2005 28 ORDER granting 23 Motion to Extend Time, granting in part and denying in part 27 Motion to Extend Time. Defendants motion is granted and plaintiff s motion is granted in part and that the deadline for the filing of dispositive motions is extended to 1/10/06. Motions due by 1/10/2006. Signed by Judge J. Andrew Smyser on 12/2/05 (pw, ) (Entered: 12/02/2005) 12/07/2005 29 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by John Doe re 25 Order on Motion to Stay (Pinskey, Ralph) (Entered: 12/07/2005) 12/07/2005 30 BRIEF IN SUPPORT of Plaintiffs Appeal From a Portion of the December 1, 2005 Order of Magistrate Judge .1 Andrew Smyser re 27 MOTION for Extension of Time to Plaintiffs Deadline for Filing his Dispositive Motions filed by John Doe.(Pinskey, Ralph) (Entered: 12/07/2005). 12/07/2005 31 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by John Doe re 28 Order on Motion to Extend Time,,, (Pinskey, Ralph) (Entered: 12/07/2005) 12/07/2005 32 BRIEF IN SUPPORT of Plaintiffs Appeal from a Portion of the December 2, 2005 Order of Magistrate Judge J. Andrew Smyser re 27 MOTION for Extension of Time to Plaintiffs Deadline for Filing his Dispositive Motions filed by John Doe.(Pinskey, Ralph) (Entered: 12/07/2005) 12/19/2005 33 Appellee's BRIEF by US Department of the Navy, Gordon England. (Mershimer, Kate) (Entered: 12/19/2005) • 12/19/2005 34 Appellee's BRIEF by US Department of the Navy, Gordon England. (Mershimer, Kate) (Entered: 12/19/2005) 12/28/2005 35 RESPONSE by John Doe to 33 Appellee's Brief, 34 Appellee's Brief. Document filed traditionally per conversation with Chief Deputy. (Attachments: # 1 Exhibit(s) # 2)(aaa) (Entered: 12/28/2005) 01/06/2006 36 Unopposed MOTION to Exceed Page Limitation by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer, Kate) (Entered: 01/06/2006) 01/06/2006 37 Unopposed MOTION to Seal -- to Temporarily File its Record in Support of its Motion for Summary Judgment Under Seal -- by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer, Kate) (Entered: 01/06/2006) 01/09/2006 38 AFFIDAVIT in Support re 37 Unopposed MOTION to Seal -- to Temporarily File its Record in Support of its Motion for Summary Judgment Under Seal -- filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 01/09/2006) 01/10/2006 39 MOTION Default Judgment or Spoilation Instruction by John Doe. (Attachments: # 1 Order# 2)(Pinskey, Ralph) (Entered: 01/10/2006) https://ecf.pamd.uscourts. gov/cgi-bin/DktRpt.pl? 115052486683 745 -L_1 _0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 5 of 11 01/10/2006 40 BRIEF IN SUPPORT Exhibits A through P will be filed 1/11/06 re 39 MOTION Default Judgment or Spoilation Instruction filed by John Doe. (Pinskey, Ralph) (Entered: 01/10/2006) 01/10/2006 41 MOTION for Summary Judgment by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer, Kate) (Entered: 01/10/2006) 01/10/2006 42 STATEMENT OF FACTS re 41 MOTION for Summary Judgment filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 01/10/2006) 01/10/2006 46 EXHIBIT by John Doe re 40 Brief in Support. (Attachments: # 1 Exhibit(s) A# 2 Aa# 3 B# 4 C# 5 D# 6 E# 7 F# 8 G# 9 H# 10I# 11 J# 12K# 13L#1.4 M# 15 N#16 O# 17 P)(aaa) (Entered: 01/11/2006) 01/10/2006 47 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1 # 2 # 3 # 4) (aaa) (Entered: 01/11/2006) 01/10/2006 48 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1) (aaa) (Entered: 01/11/2006) 01/10/2006 49 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1# 2 # 3) (aaa) (Entered: 01/11/2006) 01/10/2006 50 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1) (aaa) (Entered: 01/11/2006) 01/10/2006 51 DOCUMENT SEALED pursuant to Court Order. (aaa) (Entered: 01/11/2006) 01/10/2006 52DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1 # 2 # 3 # 4 # 5) (aaa) (Entered: 01/11/2006) 01/10/2006 53 DOCUMENT SEALED pursuant to Court Order. (aaa) (Entered: 01/11/2006) 01/10/2006 54 DOCUMENT SEALED pursuant to Court Order (Attachments: # 1) (aaa) (Entered: 01/11/2006) 01/10/2006 55 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1) (aaa ) (Entered: 01/11/2006) 01/10/2006 56 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1) (aaa) (Entered: 01/11/2006) 01/10/2006 57 DOCUMENT SEALED pursuant to Court Order. (Attachments: # 1 # 2 # 3 # 4#5#6#7#8#9#10#:11#:12#:13#:14#:15#:16#:17#:18#.19#20# 21 # 22) (aaa) (Entered: 01/11/2006) 01/10/2006 58 DOCUMENT SEALED pursuant to Court Order. Document too voluminous to scan. Document placed in Harrisburg's Filing System. (aaa) (Entered: 01/11/2006) 01/11/2006 43 BRIEF IN SUPPORT re 41 MOTION for Summary Judgment filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 01/11/2006) https://ecf.pamd.uscourts. gov/cgi-bin/DktRpt.pl? 115052486683 745 -L_1 _0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 6 of 11 01/11/2006 44 ORDER - IT IS HEREBY ORDERED that the dft's 37 Motion to Temporarily Seal is GRANTED. Dft may file its record in support of its sumjgm mtn under seal pending resolution of dft's subsequent mtn to compel pltf to proceed in this case w/o pseudonym. Signed by Judge Yvette Kane on January 11, 2006. (sc) (Entered: 01/11/2006) 01/11/2006 45 ORDER - IT IS HEREBY ORDERED that the 36 Motion for Leave to File Excess Pages is GRANTED. Dft may file a brsup of mtn for sumjgm that does not exc 35 pages. Signed by Judge Yvette Kane on January 11, 2006. (sc) (Entered: 01/11/2006) 01/11/2006 59 MOTION for Leave to File a Corrected Brief in Support of Defendant's Motion for Summary Judgment by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order # 2 Exhibit(s) Defendant's SJ Brief with Proposed Corrections)(Mershimer, Kate) (Entered: 01/11/2006) 01/12/2006 60 ORDER - IT IS HEREBY ORDERED that Dfts' 59 Motion for Leave to File a Corrected Brief in Support of the mtn for sumjgm is GRANTED. See order. Signed by Judge Yvette Kane on January 12, 2006. (sc) (Entered: 01/12/2006) 01/12/2006 611 BRIEF IN SUPPORT [Corrected Version per Jan. 12, 2006 Order] re 41. MOTION for Summary Judgment filed by US Department of the Navy, Gordon England. (Attachments: # 1 Exhibit(s) Kiburz slip opinion) (Mershimer, Kate) (Entered: 01/1272006) 01/13/2006 62 Letter from AUSA Kate L. Mershimer regarding new Third Circuit opinion. (Attachments: # 1 Exhibit(s) Jan. 12, 2006 Third Circuit Slagle opinion) (Mershimer, Kate) (Entered: 01/13/2006) 01/23/2006 63 Unopposed MOTION for Extension of Time to Unopposed Motion to Extend the Deadline for Filing Response to Defendant's Motion for Summary Judgment by John Doe. (Attachments: # 1)(Pinskey, Ralph) (Entered: 01/23/2006) 01/23/2006 64 Unopposed MOTION for Extension of Time to Unopposed Alternate Motion to Extend Deadline for Filing Response to Defendant's Motion for Summary Judgment by John Doe. (Attachments: # 1)(Pinskey, Ralph) (Entered: 01/23/2006) 01/26/2006 65 MOTION to Exceed Page Limitation Plaintiffs Unopposed Motion for Permission to Exceed Fifteen Page Limitation by John Doe. (Attachments: # 1 Order)(Pinskey, Ralph) (Entered: 01/26/2006) 01/30/2006 66 BRIEF IN OPPOSITION re 41 MOTION for Summary Judgment filed by John Doe. (Attachments: # 1 letter attachment)(Pinskey, Ralph) (Entered: 01/30/2006) 01/30/2006 67 BRIEF IN OPPOSITION re 39 MOTION Default Judgment or Spoilation Instruction filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 01/30/2006) 01/31/2006 68 EXHIBIT [Deft. Exhs. 1 & 2] by US Department of the Navy, Gordon England re 67 Brief in Opposition. (Attachments: # 1 Exhibit(s))(Mershimer, Kate) (Entered: 01/31/2006) • https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl?115052486683745-L_1_0-1 6/26/2014 Pennsylvania Middle District Version 6.1 • Page 7 of 11 01/31/2006 69 ORDER - IT IS HEREBY ORDERED THAT Pltfs Motions to Extend the Ddl for filing a response to dfts' mtn for sumjgm are DENIED. 63 64 IT IS FURTHER ORDERED that Pltfs mtn to exc page limitation is GRANTED. Permission is hereby given to pltf to file a bropp to sumjgm in excess of 15 pages but not more than 35 pages. 65 Signed by Judge Yvette Kane on January 31, 2006. (sc) (Entered: 01/31/2006) 01/31/2006 70 EXHIBITS re 66 Brief in Opposition to Summary Judgement Motion by John Doe. Document too Voluminous to Scan. Document placed on Harrisburg's Open Shelf. (aaa) (Entered: 02/02/2006) 02/10/2006 71 MOTION to Exceed Page Limitation re Defendant's Summary Judgment Reply Brief by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer,. Kate) (Entered: 02/10/2006) 02/13/2006 72 REPLY BRIEF re 39 MOTION Default Judgment or Spoilation Instruction Plaintiffs Reply Brief in Support of his Spoliation Motion with Exhibits Q, R, S, T, U, V, and W will be hand filed at Clerk's Office filed by John Doe. (Pinskey, Ralph) (Entered: 02/13/2006) 02/13/2006 73 SUPPLEMENTAL EXHIBITS by John Doe re 72 Reply Brief. (aaa ) (Entered: 02/13/2006) 02/13/2006 74 REPLY BRIEF re 41 MOTION for Summary Judgment filed by US Department of the Navy, Gordon England. (Attachments: # 1 Exhibit(s)) (Mershimer, Kate) (Entered: 02/13/2006) 02/13/2006 75 ORDER - AND NOW, this 13th day of February,2 006, upon consideration of dit's motion to exceed the fifteen -page limit, IT IS HEREBY ORDERED that said motion is granted. Dft may file its Reply Brief in Support of its Motion for Summary Judgment in excess of fifteen pages but not to exceed twenty (20) pages.Signed by Judge Yvette Kane on February 13, 2006 (kjn) (Entered: 02/14/2006) 02/13/2006 76 MEMORANDUM AND ORDER - AND NOW, this 13th day of February, 2006, upon consideration of the record and for the reasons discussed above, IT IS HEREBY ORDERED THAT Pltfs appeals are DENIED in part and GRANTED in part, as follows: 1) Pltfs appeal of the Magistrate Court's December 2, 2005 Order is DENIED (Doc. No. 31) 2) Pltfs appeal of the Magistrate Court's December 1, 2005 ruling on Pltfs discovery disputes is GRANTED. In all other aspects, Pltfs appeal is DENIED. (Doc. No. 29) 3) A telephone conference will be held on February 21, 2006, at 11:00 a.m. to address the remaining discovery disputes in this case. Pltfs cnsl shall initiate this conference call. SEE MEMORANDUM AND ORDER FOR COMPLETE DETAILS. Signed by Judge Yvette Kane on February 13, 2006. (kjn) (Entered: 02/14/2006) 02/22/2006 78 Unopposed MOTION to Continue Trial and the Related Pretrial Deadlines by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer, Kate) (Entered: 02/22/2006) 02/24/2006 79 ORDER - IT IS HEREBY ORDERED THAT the 78 Motion to Continue Deadlines is GRANTED and dates in the case shall be amended as follows: https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683 745-L_1 _0-1 6/26/2014 Pennsylvania Middle District Version 6.1 I Page 8 of 11 https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683745-L_1_0-1 6/26/2014 Pretrial Memos due by 5/15/2006. Bench Trial set for 6/5/2006 at 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. Pretrial Conference set for 5/23/2006 at 02:00 PM in Harrisburg - Chambers #4 before Honorable Yvette Kane.Signed by Judge Yvette Kane on February 23, 2006. (sc) (Entered: 02/24/2006) 02/27/2006 80 AMENDED ORDER - IT IS HEREBY ORDERED that 79 Order on Motion to Continue is amended in that the Jury Selection and Trial are set for 6/5/2006 at 09:30 AM in Harrisburg - Courtroom #4 before Honorable Yvette Kane. Signed by Judge Yvette Kane on February 27, 2006. (sc) (Entered: 02/27/2006) 03/24/2006 8:1 MOTION for Leave to File Plaintiffs Unopposed Motion for Permission to File a Supplemental Brief and Supplemental Record by John Doe. (Attachments: # 1 Supplemental Brief in Oppositin to Defendant's Motion for Sumary Judgment and in support of Plaintiffs Spoliation Motion# 2 Order) (Pinskey, Ralph) (Entered: 03/24/2006) 03/24/2006 82 MOTION to File Document Under Seal 39 MOTION Default Judgment or Spoilation Instruction, 41 MOTION for Summary Judgment, 43 Brief in Support Plaintiffs Unopposed Motion to File His Supplemental Record Under Seal by John Doe. (Attachments: # 1 Order)(Pinskey, Ralph) (Entered: 03/24/2006) 03/24/2006 83 MOTION Plaintiffs Motion for Permission to Continue Using the Pseudonym "John Doe" by John Doe. (Attachments: # )(Pinskey, Ralph) (Entered: 03/24/2006) 03/24/2006 84 BRIEF IN SUPPORT of Motion for Permission To Continue Using the Pseudonym "John Doe" re 83 MOTION Plaintiffs Motion for Permission to Continue Using the Pseudonym "John Doe" filed by John Doe.(Pinskey, Ralph) (Entered: 03/24/2006) 03/28/2006 85 BRIEF IN OPPOSITION re 83 MOTION Plaintiffs Motion for Permission to Continue Using the Pseudonym "John Doe" filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 03/28/2006) 03/30/2006 86 Letter from Kate L. Mershimer, AUSA regarding recent Third Circuit decision. (Mershimer, Kate) (Entered: 03/30/2006) 04/06/2006 87 ORDER - IT IS ORDERED THAT Permission is GRANTED to the pltf to file his Supplemental Record under seal. 82 Signed by Judge Yvette Kane on April 6, 2006. (sc) (Entered: 04/06/2006) 04/06/2006 88 ORDER - IT IS HEREBY ORDERED that permission is GRANTED to pltf to file supplemental brief and supplemental record. Dft shall have 20 days to file a response to pltfs supplemental brief and record. 81 Signed by Judge Yvette Kane on April 6, 2006. (sc) (Entered: 04/06/2006) 04/06/2006 89 Supplemental Brief by Plaintiff John Doe In Opposition to Dft's 41 MOTION for Summary Judgment and In Support of Pltfs 39 MOTION Default • Judgment or Spoilation. (sc) (Entered: 04/06/2006) 04/07/2006 90 DOCUMENT SEALED pursuant to Court Order. Document too voluminous https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683745-L_1_0-1 6/26/2014 Pennsylvania Middle District Version 6.1 ,. Page 9 of 11 https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683745-L_1_0-1 6/26/2014 to scan. Document placed on Harrisburg's Shelf. (aaa) (Entered: 04/10/2006) 04/20/2006 91 Unopposed MOTION to Continue Trial and the Related Pretrial Deadlines by US Department of the Navy, Gordon England. (Attachments: # 1 Proposed Order)(Mershimer, Kate) (Entered: 04/20/2006) 04/26/2006 92 SUR REPLY to REPLY to Response to Motion re 41 MOTION for Summary Judgment, 39 MOTION Default Judgment or Spoilation Instruction [Actual title of brief is "The Navy's Supplemental Brief Regarding Its Summary JudgmentMotion and Plaintiffs Spoliation Motion'7 filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 04/26/2006) 04/27/2006 93 REQUEST for Oral Argument on Defendant's Summary Judgment Motion and Plaintiffs Spoliation Motion by John Doe. (Pinskey, Ralph) (Entered: 04/27/2006) 05/01/2006 94 Letter from AUSA Kate L. Mershimer clarifying statement in the Navy's Supplemental Brief. (Mershimer, Kate) (Entered: 05/01/2006) 05/02/2006 95 ORDER - IT IS HEREBY ORDERED that all trial dates and deadlines in this case are STAYED pending resolution of the Dfts' Mtn for Sumjgm and Pltfs Spoilation Motion. 91 Signed by Judge Yvette Kane on May 2, 2006. (sc) (Entered: 05/02/2006) . 10/06/2006 96 Letter from Ralph B. Pinskey, Esquire addressed to the Court. (sc) (Entered: 11/08/2006) 02/06/2007 97 Unopposed MOTION to Take Deposition from Captain James Naber and to Permit the Filing of an Additional Supplemental Brief and Additional Supplemental Exhibits by John Doe. (Attachments: # 1. Exhibits# 2 Order) (Pinskey, Ralph) (Entered: 02/06/2007) 02/06/2007 98 BRIEF IN SUPPORT re 97 Unopposed MOTION to Take Deposition from Captain James Naber and to Permit the Filing of an Additional Supplemental Brief and Additional Supplemental Exhibits filed by John Doe.(Pinskey, Ralph) (Entered: 02/06/2007) 02/06/2007 99 RESPONSE by US Department of the Navy, Gordon England to 97 Unopposed MOTION to Take Deposition from Captain James Naber and to Permit the Filing of an Additional Supplemental Brief and Additional Supplemental Exhibits. (Attachments: # 1 Proposed Order -- Defendant's Version)(Mershimer, Kate) (Entered: 02/06/2007) 02/07/2007 100 REPLY BRIEF re 97 Unopposed MOTION to Take Deposition from Captain James Naber and to Permit the Filing of an Additional Supplemental Brief and Additional Supplemental Exhibits filed by John Doe.(Pinskey, Ralph) (Entered: 02/07/2007) 04/05/2007 101 ORDER - IT IS HEREBY ORDERED that Dfts' Mtn for Summary Jgm is GRANTED. IT IS FURTHER ORDERED that Pltf s spoliation mtn is DENIED. Pltf s remaining motions (83,97) are DENIED AS MOOT. The Clerk shall enter jgm in Dfts' favor. 39 41 83 97 Signed by Judge Yvette Kane on April 5, 2007. (sc) (Entered: 04/05/2007) https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683745-L_1_0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 10 of 11 04/06/2007 102 JUDGMENT in favor of US Department of the Navy and against John Doe. (sc) (Entered: 04/06/2007) 04/09/2007 103 REQUEST for Taxation of Costs by US Department of the Navy, Gordon England. (Mershimer, Kate) (Entered: 04/09/2007) 04/09/2007 104 BILL OF COSTS by US Department of the Navy, Gordon England. Taxation of Costs due by 4/27/2007. (Mershimer, Kate) (Entered: 04/09/2007) 04/19/2007 105 MOTION for Reconsideration re 101 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment„ Order on Motion to Take Deposition,„, by John Doe. (Attachments: # 1 order)(Pinskey, Ralph) (Entered: 04/19/2007) 05/03/2007 106 Letter to parties from Clerk's office staying activity on b/costs until post trial motions are resolved. (rp, ) (Entered: 05/03/2007) 05/18/2007 107 BRIEF IN SUPPORT of His Rule 59(e) Motion for Reconsideration re 105 MOTION for Reconsideration re 101 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment„ Order on Motion to Take Deposition,„, filed by John Doe. (Attachments: # 1 Exhibit(s) Affidavit of John Doe# 2 Exhibit(s) Affidavit of Ralph B. Pinskey, Esquire)(Pinskey, Ralph) (Entered: 05/18/2007) 06/0.4/2007 108 BRIEF IN OPPOSITION re 105 MOTION for Reconsideration re 101 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment„ Order on Motion to Take Deposition,,,, filed by US Department of the Navy, Gordon England.(Mershimer, Kate) (Entered: 06/04/2007) 06/15/2007 109 REPLY BRIEF re 105 MOTION for Reconsideration re 101 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment„ Order on Motion to Take Deposition,,,, Plaintiffs Reply Brief in Support of His Rule 59 (e) Motion for Reconsideration filed by John Doe. (Attachments: # 1 Exhibit (s) A# 2 Exhibit(s) C# 3 Exhibit(s) C)(Pinskey, Ralph) (Entered: 06/15/2007) 06/18/2007 11.0 Letter from AUSA Kate L. Mershimer. (Mershimer, Kate) (Entered: 06/18/2007) 06/20/2007 111 ORDER denying 105 Motion for Reconsideration based upon the determination that Plaintiff has not raised grounds warranting reconsideration. Signed by Judge Yvette Kane on 6/20/07 (pw,) (Entered: 06/20/2007) 08/17/2007 112 NOTICE OF APPEAL in NON -PRISONER Case as to 111 Order on Motion for Reconsideration, 101 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment„ Order on Motion to Take Deposition, by John Doe. Filing Fee and Docket Fee PAID. Filing fee $ 455 Receipt Number: 111 001916 The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (aaa) (Entered: 08/17/2007) 08/17/2007 113 TRANSCRIPT PURCHASE ORDER REQUEST by John Doe re 112 Notice of Appeal. No transcript needed. (aaa) (Entered: 08/17/2007) 08/22/2007 114 USCA Case Number 07-3481 for 1.12 Notice of Appeal„ filed by John Doe. https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683745-L_1_0-1 6/26/2014 Pennsylvania Middle District Version 6.1 Page 11 of 11 PACER Service Center Transaction Receipt USCA Case Manager Tonya Wyche (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Wyche, Tonya) (Entered: 08/22/2007) 01/16/2008 PACER Login: Document 115 deleted per counsel's request. Document will be refiled with Third Circuit Court of Appeals. (aaa) (Entered: 01/16/2008) 12/17/2008 1.1.5 JUDGMENT of USCA (certified copy) as to 112 Notice of Appeal„ filed by Docket Report John Doe (White Banks, Desiree) (Entered: 12/17/2008) 02/25/2009 116 MANDATE of USCA as to 112 Notice of Appeal„ filed by John Doe 0.80 (Attachments: # 1 Opinion)(White Banks, Desiree) (Entered: 02/25/2009) 03/17/2009 1.17 Letter to counsel from Clerk's office stating resolution of appeal has prompted Clerk's office to consider defendant's b/costs. Objections due by 3/28/09. Thereafter, costs to be considered in accordance w/28 USC Sect. 1920 & Local Rules of Court. (rp, ) (Entered: 03/17/2009) 04/13/2009 118 Costs Taxed against the plaintiff John Doe and in favor of defendant Donald C. Winter, Secretary of the US Navy in the amount of $4,449.35. Signed by Clerk of Court April 13, 2009. (joeb) (Entered: 04/13/2009) 04/13/2009 119 CLERK'S JUDGMENT against the plaintiff John Doe and in favor of defendant Donald C. Winter, Secretary, Department of the Navy in the amount of $4,449.35.Signed by Clerk of Court on April 13, 2009.(joeb) (Entered: 04/13/2009) 05/05/2009 Document #58 returned to USA. (ma, ) (Entered: 05/05/2009) 01/06/2010 120 Abstract of Judgment by US Department of the Navy.. (Attachments: # 1 Proposed Order)(Thiel, G.M.) (Entered: 01/06/2010) 01/06/2010 .1.21 Abstract of Judgment issued and provided to US Attorney. (aaa) (Entered: 01/06/2010) 06/18/2014 122 Satisfaction of Judgment by US Department of the Navy. . (Clancy, James) (Entered: 06/18/2014) PACER Service Center Transaction Receipt 06/26/2014 10:36:53 PACER Login: du4065 Client Code: Description: Docket Report Search Criteria: 1:04-cv-02170-YK Billable Pages: 8 Cost: 0.80 https://ecf.pamd.uscourts.gov/cgi-bin/DktRpt.pl? 115052486683 745-L_1 _0-1 6/26/2014 Case 1:04-cv-02170-YK Document 102 Filed 04/06/07 Page 1 of 1 AO 450 (Rev. 5/85) Judgment in a Civil Case JOHN DOE United States District Court MIDDLE DISTRICT OF PENNSYLVANIA JUDGMENT IN A CIVIL CASE Chief Judge Yvette Kane v. CASE NUMBER: 1:04 -CV -2170 DONALD C. WINTER, Secretary of the United States Department of the Navy ❑ Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. X Decision by Court. This action came to trial or hearing before the court. The issues have been tried or heard and a decision has been rendered. IT IS ORDERED AND ADJUDGED that judgment be and is hereby entered in favor of the Defendant, Donald C. Winter, and against the Plaintiff, John Doe. Date: April 6, 2007 Mary E. D'Andrea, Clerk of Court (By) Shawna L. Cihak, Deputy Clerk GOVERNMENT EXHIBIT 3 1 LAW OFFICES OF RALPH B. PINSKEY 2414 Logan Street Harrisburg, Pa. 17110 (717) 576-7383 RBPinskey@aol.com January 28, 2010 Dennis C. Pfannenschmidt United States Attorney P.O. Box 309 Scranton, Pa. 18501-0309 Ronald R Strawser v. Robert M. Gates Civil No. 1:07 -CV -420 USAO No. 2010A10610/001 John Doe v. Donald C. Winter Civil No. 1:04-CV2170 USAO No. 2010A10598/001 Dear Mr. Pfannenschmidt: On January 22, 2010 a paralegal in your office by the name of Karen M. Musloski wrote directly to my clients Ronald R. Strawser and Marshall Katz (a/k/a John Doe) about payment of the award of costs entered in their respective cases. As you know, it is highly unethical to correspond directly with opposing parties when it is known or should be known that they are represented by counsel. Please see that something like this does not happen again. Although Rule 54 provides for an award of costs to the prevailing party as a matter of course, in my 30 years of actual civil practice before the Middle District I have never experienced a prevailing defendant in a discrimination case, including a prevailing federaldefendant, seek to collect costs. In my opinion, the collection of costs from a losing plaintiff in a discrimination case, except where there is bad faith, would have a chilling effect on the enforcement of the discrimination laws. Mr. Katz's situation presents an additional issue. The judgment is against John Doe, not Mr. Katz, even though your office has known the identity of John Doe. I would hope that you would reconsider trying to collect costs from my clients. • GOVERNMENT EXHIBIT *0- • • • • Very truly yours, Ralph B. Pinskey tfl CC: Ronald R. Strawser Marshall Katz U.S. Department of Justice United States Attorney's Office Middle District of Pennsylvania William J. Nealon Federal Building Suite 311 235 N. Washington Avenue P.O. Box 309 Scranton, PA 18501-0309 (570) 348-2800 FAX (570) 348-2037/348-2830 Ronald Reagan Federal Building Suite 220 228 Walnut Street P.D. Box 11754 Harrisburg, PA 171 08-1 754 (717) 221-4482 FAX (717) 221-4493/221-2246 Please respond to: February 18, 2010 Ralph B. Pinskey, Esquire Law Offices of Ralph B. Pinskey 2414 Logan Street Harrisburg, Pa. 17110 Herman T. ScI:neebeli Federal Building Suite 316 240 West Third Street Williamsport, PA 17701-6465 (570) 326-1935 FAX (570) 326-7916 Harrisbirrp RE: Award of costs against Ronald R. Strawser & Marshall Katz Dear Mr. Pinskey, Thank you for your letter of January 28, 2010, wherein you raised concerns regarding the court's award of costs against your clients and, this office's attempt to collect the costs directly from your clients. As you acknowledge in your letter, Rule 54 allows for the award of costs to the prevailing party. It is the court, and not this office, which ultimately determines whether an award of cost is warranted in a given matter. A review of our records pertaining to your clients reveals the following: John Doe (Katz) v. Donald C. Winter - As counsel for the prevailing party, this office filed a request for costs on April 9, 2007. The clerk of courts issued a letter indicating that you, as counsel for Mr. Katz, had until March 28, 2008, to state any objections you had to the requests for cost. No objections were filed, and on April 13, 2008, the court awarded the requested costs. GOVERNMENT EXHIBIT Page 2 February 18, 2010 Ronald Strawser v. Robert M. Gates - As counsel for the prevailing party, this office filed a request for costs on March 17, 2009. The clerk of courts issued a letter indicating that you, as counsel for Mr. Katz, had until April 22, 2009, to state any objections you had to the requests for cost. No objections were filed, and on May, 1, 2009, the court awarded the requested costs. It is also my understanding, that in the matter of Marshall Katz, you were infoimed that this office was willing to forego the request for costs if you would agree not to file an appeal. You chose to file an appeal, and on December 17, 2008, the Third Circuit Affirmed the decision of the district court and, likewise, taxed costs to Mr. Katz. You indicate that you are of the opinion that the collection of costs from a losing plaintiff in a discrimination case would have a chilling effect on the enforcement of the discrimination laws. While I appreciate your concern, it appears from the record that you had every opportunity to address this concern, as well as any others you may have had, with the court, and chose not to. As for Ms. Musloski corresponding directly with your clients when she knew or should have known that they were represented by you, and therefore, should have corresponded with you, please be advised that I have discussed the matter with her, and can assure you that there was no unethical motive involved, and that it was merely an oversight on her part. Thank you for your time and consideration regarding this Very truly yours, Dennis C. Pf enschmidt United States ttorney ABSTRACT OF JUDGMENT NOTICE Pursuant to Title 28, United States Code, Section 3201, this judgment, upon the filing of this abstract in the manner In which a notIce.of tax lien would be filed under paragraphs (1) and (2) of 26 U.S.C. §6323(f), creates a lien on all real property of the defendant(s) and has priority over all other liens or encumbrances which are perfected later in time. The lien created by this section is effective, unless satisfied, for a period of 20 years and may be renewed by filing a notice of renewal. If such notice of renewal is filed before the expiration of the 20 -year period to prevent the expiration of the lien and the court approves the renewal, the lien shall relate back to the date the Judgment is filed. Names and Addresses of Parties against whom judgments have been obtained: Names of Parties in whose favor judgments have bean obtained: John Doe (MARSHALL KATZ) 246 N. 32nd Street Camp Hill, PA 17011 THE UNITED STATES OF AMERICA (Kane, J.) 1:04 -CV -2170 Amountudg n Names of CreditorsAttorneys When Docketed $ 4,449.35 ' G. MICHAEL THIEL, AUSA P.O. BOX 309 FEDERAL BUILDING SCRANTON, PA 18501 Phone: (570) 348-2800 April 6, 2009 (Kane, J.) $* $* TOTAL $4,449.35 PLUS INTEREST and costs iiku-rpn STATES nF AMERICA_ CLERK'S OFFICE U.S. DISTRICT COURT FOR THE CIVIL ACTION NO.: 1:04 -CV -2170 MIDDLE DISTRICT OF PENNSYLVANIA SS. I CERTIFY, T at the foregoing is a correct Abstract of the Judgment entered or registered by this Court. Dated , 2010 MARY E. D'ANDREA, CLERK Deputy Clerk *$ GOVERNMENT EXHIBIT • to DCP:GMT:kmm . DEt 11S P. PFANNENSCHMIDT Chief, Civil Division G. MICHAEL THIEL Assistant U.S. Attorney 311 Federal Building Scranton, PA 18501 Phone: (570)348-2821 Attorneys for Plaintiff UNITED STATES OF AMERICA, Plaintiff, v. MARSHALL KATZ, Defendant. PRAECIPE ZOO ,gJ 22 1 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION c;,r ; 1 NO.10-5;14 TERM TO: Clerk of Cumberland County Dear Sir or Madam: File the attached Abstract of Judgment in your Court against the defendant above named, MARSHALL KATZ, whose last known address was 246 N. 32"`' Street, Camp Hill, PA 17011, and in favor of the United States of America, plaintiff, in the amount of $4,449.35. Judgment is to accrue interest at the current legal rate as of the date of judgment, compounded annually until paid in full. DENNIS P. PFANNENSCHMIDT Dated: January 6, 2010 Chief, Civil D� G. MICHAEL THIEL Assistant U.S. Attorney KAREN M. MUSLOSKI Paralegal Specialist GOVERNMENT EXH�I��BIT • s 59.6o pi -07 tx4 1b7 a 1? 4 , R.* No-}Jcc A4,01ed. to r ABSTRACT OF JUDGMENT NOTICE Pursuant to Title 28, United States Code, Section 3201, this judgment, upon the filing of this abstract in the manner In which a notice of tax lien would be filed under paragraphs (1) and (2) of 26 U.S.C. §6323(f), creates a lien on all real property of the defendant(s) and has priority over all other liens orencumbrances which are perfected later in time. The Ilen created by this section is effective, unless satisfied, for a period. of 20 years and may be renewed by filing a notice of renewal. If such notice of renewal is filed before the expiration of the 20 -year period to prevent the expiration of the lien and the court approves the renewal, the lien shall relate back to the date the judgment is filed. Names and Addresses of Parties against whom. judgments have been obtained: Names of Parties in whose favor judgments have been obtained: John Doe (MARSHALL KATZ) 246 N. 32"d Street Camp Hill, PA 17011 THE UNITED STATES OF AMERICA (Kane, J.) 1:04 -CV -2170 Amount of Judgment Names of Creditors' Attorneys When Docketed $ 4,449.35 G. MICHAEL THIEL, AUSA P.O. BOX 309 FEDERAL BUILDING SCRANTON, PA 18501 Phone: (570) 348-2800 April 6, 2009 (Kane, J.) $* $* TOTAL $4,449.35 PLUS INTEREST and costs tINITFf STATES OF AMERICA_ CLERKS OFFICE U.S. DISTRICT COURT FOR THE CIVIL ACTION NO.: 1:04 -CV -2170 MIDDLE DISTRICT OF PENNSYLVANIA SS. 1 CERTIFY, T at the foregoing is a correct Abstract of the Judgment entered or registered by this Court. Dated j/(� , 2010 MARY E. D'ANDREA, CLERK B Deputy Clerk Case 1:04-cv-02" "'13-YK Document 122 Filed 06/18/9 ' Page 1 of 1 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA JOHN DOE (MARSHALL KATZ) ) 1:04 -.CV -2170 ) Plaintiff ) (Judge Kane) ) v. ) UNITED STATES OF AMERICA, ) ) Defendant. ) (Electronically Filed) TO THE CLERK OF THE ABOVE-ENTI7LED COURT: Full satisfaction is hereby acknowledged of that certain judgment entered on April 6, 2007 in favor of the United States of America, against the above-named defendant. The Clerk is hereby authorized and directed to enter full satisfaction of record in this action. PETER J. SMITH UNITED STATES ATTORNEY /8/James T. C7jgv JAMES T. CLANCY Assistant U.S. Attorney PA 54339 235 N. Washington Avenue P.O. Box 309 Scranton, PA 18503 Phone: 570-348-2800 Fax: 570-348-2822 GOVERNMENT EXHIBIT CSC •a • JOHN DOE(MARSHALL KATZ) ) IN THE COURT OF ) COMMON PLEAS OF Plaintiff ) CUMBERLAND COUNTY, v ) PENNSYLVANIA UNITED STATES OF AMERICA, ) NO. 1:04 -CV -2170 Defendant. ) PRAECIPE TO THE CLERK OF JUDICIAL RECORDS OF CUMBERLAND COUNTY: You are hereby directed to mark the above judgment satisfied of record upon payment by the defendant of the recording costs of satisfaction. Date: Juae lb," 2014 ES T. CLANCY Assistant U.S. Attorney PA 54339 235 N. Washington Avenue P.O. Box 309 Scranton, PA 18503 Phone: 570-348-280.0 Fax: 570-348-2822 GOVERNMENT EXHIBIT N • • lk U.S. Department of Justice Peter J. Smith United States Attorney Middle District of Pennsylvania Website: www,justicexav/usRO/nam/ Email: usapam.contact(Qusdoj.gov William J. Nealon Federal Building 235 N Washington Avenue, Suite 311 P.O. Box 309 Scranton, PA 18503-0309 (570) 348-2800 FAX (570) 348-2037/348-2830 June 19, 2014 Ralph B. Pinskey 2414 Logan Street Harrisburg, PA 17110. Ronald Reagan Federal Building 228 Walnut Street, Suite 220 P.O. Box 11754 Harrisburg, PA 1 71 08-1 754 (717) 221-4482 FAX (717) 221-4493/2212246 RE: Katz, Marshall v. USA Dear Mr. Pinskey: Herman T. Schneebeli Federal Building 240 West Third Street, Suite 316 Williamsport, PA 17701-6465 (570) 326-1935 . FAX (570) 326-7916 Please respond to: Scranton -(570)207-4813 Your client's obligation to the government has been paid in full. Enclosed for your records is a copy of the Satisfaction of Judgment, together with a form for Satisfaction of a local judgment to be filed in Cumberland County. The original Satisfaction of Judgment has been filed with the Clerk of Court. You should record the Satisfaction of local judgment with the Prothonotary of Cumberland County. If you have any questions, please do not hesitate to contact me. Sincerely, Karen M. Musloski Paralegal Specialist PETER J. SMITH United States Attorney JAMES T. CLANCY Assistant U.S. Attorney 235 N. Washington Avenue Scranton, PA 18501 570-348-2800 Attorneys for Plaintiff UNITED STATES OF AMERICA, : v. MARSHALL KATZ, Plaintiff Defendant • • • • • • CUMBERLAND COU!',IT PENNSYLVANIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION No. 10-521 Civil Term PRAECIPE TO THE CLERK OF JUDICIAL RECORDS OF CUMBERLAND COUNTY You are hereby directed to mark the above judgment Satisfied of Record. The costs of satisfaction were paid upon the filing of the lien. S T. CLANCY Assistant U.S. Attorney PA Bar No. 54339 • 235 N. Washington Avenue Scranton, PA 18501 570-348-2800 GOVERNMENT • Ep EXHIBIT z W Q. UNITED STATES OF AMERICA, : IN THE COURT OF Plaintiff : COMMON PLEAS OF v. CUMBERLAND COUNTY CIVIL DIVISION MARSHALL KATZ, Defendant • No. 10-521 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Middle District of Pennsylvania and is a person of such age and discretion to be competent to serve papers. • That on this 10th day of July, 2014, she served a copy of the foregoing UNITED STATES OF AMERICA'S PRAECIPE by placing a copy in a postpaid envelope addressed to the persons hereinafter named, at the place and address stated below, which is the last known address, and by depositing said envelope and contents in the United States Mail at Harrisburg, Pennsylvania: Ralph B. Pinskey, Esquire 2414 Logan Street Harrisburg, PA 17110 KATE L. MERSHIMER Assistant U.S. Attorney UNITED STATES OF AMERICA, : IN THE COURT OF Plaintiff COMMON PLEAS OF v. CUMBERLAND COUNTY CIVIL DIVISION MARSHALL KATZ, Defendant No. 10-521 Civil Term VERIFICATION Kate L. Mershimer, Assistant U.S. Attorney and counsel for plaintiff in this case, and counsel for defendant in Doe v. England, No. 1:CV-04-2170 (M.D. Pa), aff'd Katz v. Winter, 303 Fed. App'x. 125 (3rd Cir. 2008), cert. denied, Katz v. Mabus, 558 U.S. 820 (2009), pursuant to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsifications to authorities, hereby state that the facts set forth in the foregoing Plaintiffs Response to Defendant's "Petition to Strike Void Judgment and for an Award of Attorney's Fees" are true and correct based upon my knowledge, information, and belief. KATE L. MERSHIMER Assistant U.S. Attorney UNITED STATES OF AMERICA, : IN THE COURT OF Plaintiff : COMMON PLEAS OF v. : CUMBERLAND COUNTY CIVIL DIVISION MARSHALL KATZ, Defendant • • No. 10-521 Civil Term CERTIFICATE OF SERVICE The undersigned hereby certifies that she is an employee in the Office of the United States Attorney for the Middle District of Pennsylvania and is a person of such age and discretion to be competent to serve papers. That on this 14th day of July, 2014, she served a copy of the foregoing PLAINTIFF'S RESPONSE TO DEFENDANT'S "PETITION TO STRIKE VOID JUDGMENT AND FOR AN AWARD OF ATTORNEY'S FEES" by placing a copy in a postpaid envelope addressed to the persons hereinafter named, at the place and address stated below, which is the last known address, and by depositing said envelope and contents in the United States Mail at Harrisburg, Pennsylvania: Ralph B. Pinskey, Esquire 2414 Logan Street Harrisburg, PA 17110 KATE L. MERSHIMER Assistant U.S. Attorney