BRIDGES v. ASTRUE et al

Filing 107

ORDER PLAINTIFF'S MOTION FOR RECONSIDERATION AND/OR REARGUMENT, ECF NO. 63, IS DENIED. DEFENDANTS' MOTION TO DISMISS COUNT II OF PLAINTIFFS AMENDED COMPLAINT, ECF NO. 65, IS GRANTED. PLAINTIFFS MOTION FOR LEAVE TO FILE A THIRD AMENDED C OMPLAINT, ECF NO. 68, IS DENIED. PLAINTIFF'S THIRD MOTION FOR TEMPORARY RESTRAINING ORDER AND FOR DECLARATORY ORDER AND PRELIMINARY INJUNCTIVE RELIEF DIRECTED TO THE DEFENDANT, SOCIAL SECURITY ADMINISTRATION, ECF NO. 87, IS DENIED AS MOOT. THIS CASE IS CLOSED SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/30/15. 10/1/15 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
CHARLES BRIDGES,

:
:
Plaintiff,
:
v.
:
:
CAROLYN W. COLVIN,
:
Acting Commissioner of Social Security
:
Administration, et al.,
:
:
Defendants.
:
__________________________________________

No. 5:12-cv-02316

ORDER
AND NOW, this 30th day of September, 2015, upon consideration of (i) Plaintiff’s
Motion for Reconsideration and/or Reargument of Order Dated March 28, 2014, ECF No. 63, (ii)
Defendants’ Motion to Dismiss Count II of Plaintiff’s Amended Complaint, ECF No. 65, and
(iii) Plaintiff’s Motion for Leave to File a Third Amended Complaint, ECF No. 68, IT IS
ORDERED as follows:
1.

Plaintiff’s Motion for Reconsideration and/or Reargument, ECF No. 63, is

DENIED.
2.

Defendants’ Motion to Dismiss Count II of Plaintiff’s Amended Complaint, ECF

No. 65, is GRANTED.
3.
DENIED.

Plaintiff’s Motion for Leave to File a Third Amended Complaint, ECF No. 68, is

4.

Plaintiff’s Third Motion for Temporary Restraining Order and for Declaratory

Order and Preliminary Injunctive Relief Directed to the Defendant, Social Security
Administration, ECF No. 87, is DENIED as moot.
5.

This case is CLOSED.1

BY THE COURT:

/s/ Joseph F. Leeson, Jr.________
JOSEPH F. LEESON, JR.
United States District Judge

1

As the Court observed in the accompanying Memorandum Opinion, Plaintiff appealed the denial of his
Motion for Temporary Restraining Order Directed to the Agency and to Nominal Defendant, Jasper J. Bede, and for
Preliminary Injunctive Relief, ECF No. 73, and his appeal remains pending before the United States Court of
Appeals for the Third Circuit. See Notice of Appeal, ECF No. 80; Bridges v. Comm’r Soc. Sec., No. 14-4555 (3d
Cir. appeal docketed Nov. 26, 2014). “Although the filing of a notice of appeal ordinary divests the district court of
jurisdiction, in an appeal from an order granting or denying a preliminary injunction, a district court may
nevertheless proceed to determine the action on the merits.” United States v. Price, 688 F.2d 204, 215 (3d Cir. 1982)
(citation omitted) (citing Thomas v. Bd. of Educ., 607 F.2d 1043, 1047 n.7 (2d Cir. 1979); SEC v. Inv’rs Sec. Corp.,
560 F.2d 561, 568 (3d Cir. 1977)).