Lance, et al v. Davidson

Filing 62

ORDER Gigi Dennis shall be substituted for Donnetta Davidson as the named Defendant in this case. Defendant shall file a Motion to Dismiss Plaintiffs' Elections Clause Claim with brief in support, within 30 days. Plaintiffs' Elections Claus e Claim shall be postponed pending consideration of defense of issue preclusion asserted. Court reaffirms previous ruling re: Plaintiffs' Petition Clause Claim fails to state a claim upon which relief may be granted. Signed by Judge David M. Ebel on 3/21/06. (pap, )

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Lance, et al v. Davidson Doc. 62 Case 1:03-cv-02453-ZLW-DME Document 62 Filed 03/21/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO C i vi l Action No. 03-CV-02453-ZLW-CBS K E IT H LANCE, C AR L MILLER, R E N E E NELSON, N AN C Y O' O N N O R , C Plaintiffs, v. G IG I DENNIS, SECRETARY OF STATE FOR T H E STATE OF COLORADO, in her official capacity only, Defendant. ORDER F i l e d : March 21, 2006 B e f o r e E B E L , Senior Circuit Judge of the United States Court of Appeals for the T e n t h Circuit, PORFILIO, Senior Circuit Judge of the United States Court of Ap p e a l s for the Tenth Circuit, and WE I N S H I E N K , Senior District Judge of the U n i t e d States District Court for the District of Colorado. E B E L , Circuit Judge. O n March 1, 2006, the court ordered simultaneous status reports from the p a r t i e s in this case as to how the matter should proceed. Based upon those status r e p o r t s , the court hereby ORDERS as follows: 1. T h e Defendant shall file within thirty days a motion to dismiss the P l a i n t i f f s 'Elections Clause Claim based upon the defense of issue preclusion, a c c o mp a n i e d by a brief in support thereof. Not more than thirty days after the f i l i n g of the Defendant' motion to dismiss and supportive memorandum, the s P l a i n t i f f s shall file their brief in opposition. Not more than fifteen days Case 1:03-cv-02453-ZLW-DME Document 62 Filed 03/21/2006 Page 2 of 2 t h e r e a f t e r , the Defendant shall file a reply brief. 2. An y consideration of the merits of the Plaintiffs'Elections Clause C l a i m shall be postponed until after the court considers the defense of issue p r e c l u s i o n asserted by the Defendant. 3. T h e court reaffirms its previous ruling that " l a i n t i f f s 'Petition P C l a u s e Claim fails to state a claim upon which relief may be granted, pursuant to F e d . R. Civ. P. 12(b)(6)." Lance v. Davidson, 379 F.Supp. 1117, 1130-32 ( D . C o l o . 2005). The Supreme Court expressly declined to pass on our previous r u l i n g dismissing the Plaintiff' Petition Clause Claim. See Lance v. Dennis, 126 s S. C t . 1198, 1203 n.3 (U.S. 2006). Therefore, the previous rulings on that matter w i l l not be reopened or reconsidered. Because the Supreme Court " a c a t e [ d ] the v j u d gme n t of the district court,"when this court enters its final ruling in this case, i t will reenter at that time its decision again dismissing the Plaintiffs'Petition C l a u s e Claim. 4. G i gi Dennis shall be substituted for Donetta Davidson as the named D e f e n d a n t in this case. E N T E R E D BY THE COURT: / s / David M. Ebel H o n o r a b l e David M. Ebel C i r c u i t Judge 2

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