PORTLAND MINT et al v. UNITED STATES DEPARTMENT OF THE TREASURY et al

Filing 37

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTION TO DISMISS [ECF 24] IS GRANTED. COUNTS I,IV, AND V OF THE AMENDED COMPLAINT AGAINST ALL DEFENDANTS ARE DISMISSED WITH PREJUDICE. COUNTS II AND III OF THE AMENDED COMPLAINT AGAINST THE UNITED STATES, T HE UNITED STATES DEPARTMENT OF TREASURY, THE UNITED STATES MINT, THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY, THE UNITED STATES BUREAU OF CUSTOMS AND BORDER PROTECTION SERVICE, STEVEN MNUCHIN, DAVID MOTL, JOHN F. KELLY, AND KEVIN K. MCALEENAN A RE DISMISSED WITH PREJUDICE; COUNTS II AND III AGAINST JOHN DOES 1-10 ARE DISMISSED WITHOUT PREJUDICE; AND PLAINTIFFS ARE GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT CONSISTENT WITH THE ACCOMPANYING OPINION NO LATER THAN 4/3/17. SIGNED BY HONORABLE WENDY BEETLESTONE ON 3/20/17. 3/20/17 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PORTLAND MINT and RONNIE
SHAHAR,
Plaintiffs,

CIVIL ACTION

v.
NO. 16-270
UNITED STATES DEPARTMENT OF
THE TREASURY, UNITED STATES
BUREAU OF THE MINT, UNITED
STATES DEPARTMENT OF
HOMELAND SECURITY, UNITED
STATES BUREAU OF CUSTOMS AND
BORDER PROTECTION SERVICE,
STEVEN MNUCHIN, DAVID MOTL,
JOHN F. KELLY, KEVIN K.
MCALEENAN, UNITED STATES OF
AMERICA and JOHN DOES 1-10,
Defendants.
ORDER
AND NOW, this 20th day of March, 2017, upon review of Defendants’ Motion to
Dismiss (ECF No. 24); Plaintiffs’ Response in Opposition thereto (ECF No. 25); Defendants’
Reply in Support thereof (ECF No. 26); Defendants’ Supplemental Brief in Support Thereof
(ECF No. 30); and Plaintiffs’ Supplemental Brief in Opposition thereto (ECF No. 33), and for
the reasons set forth in the Court’s Memorandum Opinion of March 20, 2017 (ECF No. 36), IT
IS ORDERED that:
(1) Defendants’ motion is GRANTED;
(a) Counts I, IV, and V of the Amended Complaint against all Defendants are
DISMISSED WITH PREJUDICE;
(b) Counts II and III of the Amended Complaint against the United States, the
United States Department of the Treasury, the United States Mint, the United
States Department of Homeland Security, the United States Bureau of
Customs and Border Protection Service, Steven Mnuchin, David Motl, John F.
Kelly, and Kevin K. McAleenan are DISMISSED WITH PREJUDICE;

(c) Counts II and III against John Does 1-10 are DISMISSED WITHOUT
PRJEUDICE; and
(2) Plaintiffs are granted leave to file a Second Amended Complaint consistent with the
accompanying Opinion no later than April 3, 2017.
BY THE COURT:

/s/ Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.

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