Corman et al v. Torres et al

Filing 137

ORDER (Memorandum 136 filed previously as separate docket entry) - It is hereby ORDERED that: 1. The Executive Defendants' motion to dismiss 87 & the Intervenor-Defendants' motion for judgment on the pleadings 90 are GRANTED.; 2. The Plaintiffs' motion for a preliminary injunction 3 is DENIED.; and 3. The Plaintiffs' verified complaint 1 is DISMISSED WITH PREJUDICE. (See order for complete details.) Signed by USCA 3rd Circuit Judge Kent A. Jordan, Chief Judge USDC MDPA Christopher C. Conner & District Judge USDC NJ Jerome B. Simandle on 3/19/18. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JACOB CORMAN, in his official capacity as Majority Leader of the Pennsylvania Senate, MICHAEL FOLMER, in his official capacity as Chairman of the Pennsylvania Senate State Government Committee, LOU BARLETTA, RYAN COSTELLO, MIKE KELLY, TOM MARINO, SCOTT PERRY, KEITH ROTHFUS, LLOYD SMUCKER, and GLENN THOMPSON, : : : : : : : : : : : Plaintiffs : : v. : : ROBERT TORRES, in his official : capacity as Acting Secretary of the : Commonwealth, and JONATHAN M. : MARKS, in his official capacity as : Commissioner of the Bureau of : Commissions, Elections, and Legislation, : : Defendants : : v. : : CARMEN FEBO SAN MIGUEL, JAMES : SOLOMON, JOHN GREINER, JOHN : CAPOWSKI, GRETCHEN BRANDT, : THOMAS RENTSCHLER, MARY : ELIZABETH LAWN, LISA ISSACS, DON : LANCASTER, JORDI COMAS, ROBERT : SMITH, WILLIAM MARX, RICHARD : MANTELL, PRISCILLA McNULTY, : THOMAS ULRICH, ROBERT : McKINSTRY, MARK LICHTY, and : LORRAINE PETROSKY, : : Intervenor: Defendants : 1 CIVIL ACTION NO. 1:18-CV-443 Three Judge Panel Convened Pursuant to 28 U.S.C. § 2284(a) ORDER BEFORE: Kent A. Jordan, Circuit Judge, United States Court of Appeals for the Third Circuit; Christopher C. Conner, Chief District Judge, United States District Court for the Middle District of Pennsylvania; Jerome B. Simandle, District Judge, United States District Court for the District of New Jersey. AND NOW, this 19th day of March, 2018, upon consideration of the Plaintiffs’ verified complaint (Doc. No. 1) and contemporaneous motion for a preliminary injunction (Doc. No. 3); the Defendants’ oppositions (Doc. Nos. 89, 92, 134) to Plaintiffs’ motion for a preliminary injunction; the Plaintiffs’ reply (Doc. No. 118) in further support of their motion for a preliminary injunction; the Executive Defendants’ motion to dismiss (Doc. No. 87); the Intervenor-Defendants’ motion for judgment on the pleadings (Doc. No. 90); the Plaintiffs’ omnibus opposition (Doc. No. 117) to the Defendants’ motions; the Defendants’ replies (Doc. Nos. 124, 126) in further support of their motions; the numerous amici briefs; and after a hearing held on March 9, 2018, IT IS HEREBY ORDERED that: 1. The Executive Defendants’ motion to dismiss (Doc. No. 87) and the IntervenorDefendants’ motion for judgment on the pleadings (Doc. No. 90) are GRANTED; 2. The Plaintiffs’ motion for a preliminary injunction (Doc. No. 3) is DENIED; and 3. The Plaintiffs’ verified complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE. FOR THE COURT: s/ Kent A. Jordan Kent A. Jordan, Circuit Judge United States Court of Appeals for the Third Circuit s/ Christopher C. Conner Christopher C. Conner, Chief District Judge United States District Court for the Middle District of Pennsylvania 2 s/ Jerome B. Simandle Jerome B. Simandle, District Judge United States District Court for the District of New Jersey 3

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