Pennsylvania Professional Liability Joint Underwriting Association v. Wolf

Filing 42

ORDER (Memorandum 41 filed previously as separate docket entry) GRANTING pltf's motion for prelim inj 6 , PRELIMINARILY ENJOINING deft Wolf in capac as Gov of Comm of PA... from enforcing, directing enforcement or permitting enforcement of S ect. 1.3 & 13 of Act 44..., temporarily SUSPENDING force & effect of Sect. 1.4 & Sect. 13 of Act 44 pending full merits disposition of litigation which shall proceed on expedited basis, directing pltf Association to post bond or appropriate securityh in amt of $2,900,000 w/ Clrk of Ct..., & noting ct will establish date for trial by separate order. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 11/22/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PENNSYLVANIA PROFESSIONAL
:
LIABILITY JOINT UNDERWRITING :
ASSOCIATION,
:
:
Plaintiff
:
:
v.
:
:
TOM WOLF, in his Official Capacity
:
as Governor of the Commonwealth of
:
Pennsylvania,
:
:
Defendant
:

CIVIL ACTION NO. 1:17-CV-2041
(Chief Judge Conner)

ORDER
AND NOW, this 22nd day of November, 2017, upon consideration of
the motion (Doc. 6) for preliminary injunction by the Pennsylvania Professional
Liability Joint Underwriting Association (“the Association”), the parties’ briefs
(Docs. 8, 18, 30) and proposed findings of fact and conclusions of law (Docs. 38, 39,
40) in support of and opposition to said motion, respectively, and the evidence
presented during the preliminary injunction hearing convened on November 14,
2017, and for the reasons stated in the accompanying memorandum, it is hereby
ORDERED that:
1.

The Association’s motion (Doc. 6) for preliminary injunction is
GRANTED.

2.

Defendant Tom Wolf, in his official capacity as Governor of the
Commonwealth of Pennsylvania, and those acting in concert with
him, are PRELIMINARILY ENJOINED from enforcing, directing
enforcement, or permitting enforcement of Section 1.3 and Section 13
of Act 44 of 2017 (“Act 44 or the Act”), No. 44, 2017 Pa. Laws __ (Oct. 30,
2017).

3.

The force and effect of Section 1.3 and Section 13 of Act 44 are
temporarily SUSPENDED pending full merits disposition of the
above-captioned litigation, which shall proceed on an expedited basis.

4.

The Association shall post bond or appropriate security in the amount
of $2,900,000 with the Clerk of Court. See FED. R. CIV. P. 65(c). The
provisions of paragraphs 2 and 3 above shall not become effective
until this security is posted.

5.

The court will establish a date for trial of this matter by separate order.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania