2:13-cv-05641 #21

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Doc 21 - Attorney General's Motion to Dismiss
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  IN THE UNITED STATES DISTRICT COURTFOR THE EASTERNDISTRICT OF PENNSYLVANIACARA PALLADINO, and ISABELLE BARKER,::Plaintiffs,::No. 2:13-CV-5641v.::(Judge McLaughlin)THOMAS COREBETT, in his official capacity as Governor of Pennsylvania, and his successors in office; and KATHLEEN KANE, in her official capacity as Attorney General of Pennsylvania, and her successors in office,:::::::Electronically Filed DocumentDefendants.:ORDER AND NOW , this ______ day of ______________, 2013 upon consideration of defendant Kathleen Kane’s Motion to Dismiss the claims against her, her brief in support thereof,and plaintiffs’ response thereto, it is hereby ORDERED and DECREED that said Motion is GRANTED. Plaintiffs’ claims against defendant Kathleen Kaneare dismissed with prejudice.  ______________________________ MARY A. MCLAUGHLINUnited States District Judge Case 2:13-cv-05641-MAM Document 21 Filed 12/09/13 Page 1 of 5  1 IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIACARA PALLADINO, and ISABELLE BARKER,::Plaintiffs::No. 2:13-CV-5641v.::(Judge McLaughlin)THOMAS COREBETT, in his official capacity as Governor of Pennsylvania, and his successors in office; andKATHLEEN KANE, in her official capacity as Attorney General of Pennsylvania, and her successors in office,:::::::Electronically Filed DocumentDefendants.:DEFENDANT KATHLEEN KANE’S MOTION TO DISMISS THE COMPLAINT AGAINST HER  Pursuant toRules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, Attorney General Kathleen Kane, by her counsel, moves this Court to dismiss all claims against her because plaintiffs lack standing to assert theclaims against the Attorney Generalandbecause plaintiffs have failed to allege any involvement by the Attorney General in the violation of their rights.The Attorney General refers this court to her briefin support of this motion, which she incorporates by reference herein, and is being filed simultaneously with thismotion. Case 2:13-cv-05641-MAM Document 21 Filed 12/09/13 Page 2 of 5  2 WHEREFORE , Attorney General Kane moves this Honorable Court to grant her Motion and dismiss the claims against her, with prejudice. Respectfully submitted,KATHLEEN G. KANEAttorney GeneralBy: s/M. Abbegael Giunta M. ABBEGAEL GIUNTAOffice of Attorney GeneralDeputy Attorney General15 th Floor, Strawberry SquareAttorney ID 94059Harrisburg, PA 17120Phone: (717) 787-1179GREGORY R. NEUHAUSER Fax: (717) 772-4526Chief Deputy Attorney Generalmgiunta@attorneygeneral.govChief, Civil Litigation SectionDate: December 9, 2013Counsel for Defendant Kane Case 2:13-cv-05641-MAM Document 21 Filed 12/09/13 Page 3 of 5  3 IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF PENNSYLVANIACARA PALLADINO, and ISABELLE BARKER,::Plaintiffs::No. 2:13-CV-5641v.::(Judge McLaughlin)THOMAS COREBETT, in his official capacity as Governor of Pennsylvania, and his successors in office; and KATHLEEN KANE, in her official capacity as Attorney General of Pennsylvania, and her successors in office,:::::::Electronically Filed DocumentDefendants.:CERTIFICATE OF SERVICE I, M. Abbegael Giunta, Deputy Attorney General for the Commonwealth of Pennsylvania, Office of Attorney General, hereby certify that on December 9, 2013, I caused to be served a true and correct copy of the foregoing document titled DEFENDANT KATHLEEN KANE’S MOTION TO DISMISS THE CLAIMS AGAINST HER to the following: VIA ELECTRONIC FILINGMichael L. Banks, EsquireEric Kraeutler, EsquireVanessa Renee Brown, EsquireElisa P. McEnroe, EsquireMorgan Lewis & Bockius, LLP1701 Market StreetPhiladelphia, PA 19103-2921William H. Lamb, EsquireJoel L. Frank, EsquireLamb McErlane, PC24 East Market St.P.O. Box 565West Chester, PA 19381wlamb@lambmcerlane.com Case 2:13-cv-05641-MAM Document 21 Filed 12/09/13 Page 4 of 5
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