ACOSTA et al v. DEMOCRATIC CITY COMMITTEE et al

Filing 84

ORDER THAT DEFENDANTS ( 31 , 32 , 33 , 37 , 38 , 41 ) MOTIONS TO DISMISS THE SECOND AMENDED COMPLAINT (CIV. ACTION NO. 17-1462, DOC. NO. 11 ) AND THE AMENDED COMPLAINT (CIV. ACTION NO. 17-1562, DOC. NO. 2) ARE GRANTED. PLAINTIFFS ARE GIVEN TWE NTY (20) DAYS FROM THE DATE OF THIS ORDER IN WHICH TO FILE AMENDED COMPLAINTS AGAINST ALL DEFENDANTS IF WARRANTED, EXCEPT FOR THE PENNSYLVANIA DEPARTMENT OF STATE, BUREAU OF COMMISSIONERS, ELECTIONS AND LEGISLATION. DEFENDANTS SHALL RESPOND TO ANY AMENDED COMPLAINT WITHIN TWENTY-ONE (21) DAYS OF THEIR FILING. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 1/22/18. 1/24/18 ENTERED AND COPIES MAILED TO UNREP, E-MAILED. (va, ) Modified on 1/24/2018 (md).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ORLANDO A. ACOSTA, et al.,
Plaintiffs,

CIVIL ACTION
NO. 17-1462

v.
DEMOCRATIC CITY COMMITTEE, et al.
Defendants.
ORDER

AND NOW, this 22nd day of January 2018, upon consideration of the Second Amended
Complaint of Orlando A. Acosta and Edward Lloyd; the Amended Complaint of Lucinda Little,
Cheri Honkala, The Green Party of Pennsylvania, Republican City Committee of Philadelphia,
and the Republican Party of Pennsylvania; Defendants’ Motions to Dismiss; Plaintiffs’
Responses in Opposition; Defendants’ Reply Briefs; the arguments of counsel for the parties at
the September 14, 2017 hearing; the Supplemental Briefs; and in accordance with the Opinion
issued by the Court on this day, it is ORDERED as follows:
1. Defendants’ Motions to Dismiss the Second Amended Complaint (Civ. Action No.
17-1462, Doc. No. 11) and the Amended Complaint (Civ. Action No. 17-1562, Doc.
No. 2) are GRANTED.
2. Plaintiffs are given twenty (20) days from the date of this Order in which to file
amended Complaints against all Defendants if warranted, except for the Pennsylvania
Department of State, Bureau of Commissioners, Elections and Legislation.

1

3. Defendants shall respond to any amended Complaint within twenty-one (21) days of
their filing.

BY THE COURT:

/ s / J oel H. S l om s k y
JOEL H. SLOMSKY, J.

2