JOHN DOE I et al v. WOLF et al
ORDER THAT THE MOTION TO DISMISS (DOC. 13 ) IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS GOVERNOR THOMAS W. WOLF, ATTORNEY GENERAL JOSH SHAPIRO, AND THE PENNSYLVANIA STATE POLICE ARE DISMISSED AS DEFENDANTS. THE MOTION TO DISMISS IN REGARD TO D EFENDANT COLONEL TYREE V. BLOCKER IS DENIED. DEFENDANT COLONEL BLOCKER SHALL REMAIN AS A DEFENDANT IN THIS CASE. DEFENDANT COLONEL TYREE IS ORDERED TO FILE AN ANSWER TO THE COMPLAINT WITHIN 21 DAYS FROM THE ENTRY OF THIS ORDER. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/23/2017. 8/23/2017 ENTERED AND COPIES E-MAILED.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN DOE I et al.,
THOMAS W. WOLF et al.,
AND NOW, this 23rd day of August 2017, upon consideration of the Complaint (Doc.
No. 1), Defendants’ Motion to Dismiss the Complaint (Doc. No. 13), Plaintiffs’ Response in
Opposition (Doc. No. 14), Defendants’ Reply (Doc. No. 15), Plaintiffs’ Sur-Reply (Doc. No. 18),
the statements of counsel at the hearing held on May 17, 2017, and in accordance with the
Opinion issued this day, it is ORDERED as follows:
1. The Motion to Dismiss (Doc. No. 13) is GRANTED IN PART and DENIED IN PART.
Defendants Governor Thomas W. Wolf, Attorney General Josh Shapiro1, and the
Pennsylvania State Police are DISMISSED AS DEFENDANTS.
The Motion to
Dismiss (Doc. No. 13) in regard to Defendant Colonel Tyree V. Blocker is DENIED.
Defendant Colonel Blocker shall remain as a defendant in the case.
The Complaint initially named Bruce R. Beemer as a defendant in his official capacity as
Attorney General. (Doc. No. 1 at ¶ 18.) On January 17, 2017, Josh Shapiro replaced Bruce
R. Beemer as the Pennsylvania Attorney General. Pursuant to Federal Rule of Civil
Procedure 25(d), when a public officer is a party to a suit in their official capacity and the
officer ceases to hold office while the action is pending, the officer’s successor is substituted
as a party. Fed. R. Civ. P. 25(d). Therefore, Josh Shapiro, in his official capacity as Attorney
General, is substituted as a defendant in this matter.
2. Defendant Colonel Tyree Blocker is ORDERED to file an Answer to the Complaint
within twenty-one (21) days from the entry of this Order.
BY THE COURT:
/ s/ J oel H. S l om sk y
JOEL H. SLOMSKY, J.
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