LEONARD et al v. DEPARTMENT OF PUBLIC WELFARE OF THE COMMONWEALTH OF PENNSYLVANIA et al

Filing 67

ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 51 ), IS GRANTED IN PART AND DENIED IN PART. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 52 ), IS GRANTED IN PART AND DENIED IN PART. JUDGMENT IS ENTERED FOR PLAINTIFF'S AGAINST DEFENDANT AS TO LIABILITY ONLY. JUDGMENT IS ENTERED FOR DEFENDANT AGAINST PLAINTIFF'S AS TO DECLARATORY RELIEF ONLY. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 2/10/2014. 2/10/2014 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
REBECCA LEONARD, et al.
Plaintiffs
v.
BEVERLY MACKERETH, in her official
capacity as Secretary of Public Welfare
for the Commonwealth of Pennsylvania
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

NO. 11-7418

ORDER
AND NOW, this 10th day of February, 2014, upon consideration of the Plaintiffs’ Motion
for Summary Judgment (Docket No. 51), Defendant’s Response in Opposition (Docket No. 58),
Plaintiffs’ Amended Reply (Docket No. 62), Defendant’s Motion for Summary Judgment
(Docket No. 52), Plaintiffs’ Response in Opposition (Docket No. 57), and Defendant’s Reply
(Docket No. 63) it is hereby ORDERED that:
1. Plaintiffs’ Motion for Summary Judgment (Docket No. 51) is GRANTED as to
liability only and DENIED as to Plaintiffs’ request for declaratory and injunctive relief.
2. Defendant’s Motion for Summary Judgment (Docket No. 52) is DENIED as to
liability and Plaintiffs’ request for injunctive relief and GRANTED as to Plaintiffs’ request for
declaratory relief.
3. JUDGMENT IS ENTERED for Plaintiffs Rebecca Leonard, Matthew Leonard,
Michael Unger, Michael Boss, Elisha Rothman, and Kimberly Hoffman against Defendant
Beverly Mackereth in her official capacity as Secretary of Public Welfare for the Commonwealth
of Pennsylvania as to liability only.
4. JUDGMENT IS ENTERED for Defendant Beverly Mackereth in her official

capacity as Secretary of Public Welfare for the Commonwealth of Pennsylvania and against
Plaintiffs Rebecca Leonard, Matthew Leonard, Michael Unger, Michael Boss, Elisha Rothman,
and Kimberly Hoffman as to declaratory relief only.
It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.

2