AMERICAN CIVIL RIGHTS UNION v. PHILADELPHIA CITY COMMISSIONERS

Filing 31

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED. DEFENDANT'S MOTION TO DISMISS IS GRANTED. PLAINTIFF IS GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT NO LATER THAN 9/23/16. PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS DENIED AS MOOT,ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/9/16. 9/9/16 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

AMERICAN CIVIL RIGHTS UNION,
Plaintiff,
v.

:
:
:
:
PHILADELPHIA CITY COMMISSIONERS, :
Defendant.
:

CIVIL ACTION
NO. 16-1507

ORDER
AND NOW, this 9th day of September, 2016, upon consideration of Defendant’s Motion
for Leave to File a Reply Brief, (Dkt No. 28), it is hereby ORDERED the said Motion is
GRANTED and Defendant’s Reply Brief shall be docketed as of the date of this Order.
FURTHER, upon consideration of Defendant’s Motion to Dismiss, (Dkt No. 22),
Plaintiff’s Response in Opposition, (Dkt No. 27), and Defendant’s Reply Memorandum of Law
in Support of Its Motion to Dismiss, (Dkt No. 28), it is hereby ORDERED that Defendant’s
Motion is GRANTED insofar as:
1. Defendant Moves to Dismiss Count I of Plaintiff’s Amended Complaint, which
Plaintiff does not oppose, Defendant’s Motion is GRANTED and Count I is
DISMISSED WITH PREJUDICE;
2. Defendant Moves to Dismiss Count II of Plaintiff’s Amended Complaint for legal
insufficiency as to the removal of incarcerated felons from voter rolls, Defendant’s
Motion is GRANTED and Count II is DISMISSED WITH PREJUDICE;
3. Defendant Moves to Dismiss Count II of Plaintiff’s Amended Complaint for factual
insufficiency as to the general removal of ineligible registrants from voter rolls,
Defendant’s Motion is GRANTED and Count II is DISMISSED WITHOUT
PREJUDICE; Plaintiff is granted leave to file a second amended complaint no later
than September 23, 2016.

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FURTHER, upon consideration of Plaintiff’s First Motion for Preliminary Injunction,
(Dkt No. 14), and in light of the foregoing, it is hereby ORDERED that Said Motion is DENIED
AS MOOT.
The Clerk’s Office is hereby directed to close this matter.

BY THE COURT:

/s/ C. Darnell Jones, II
C. DARNELL JONES, II

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J.