Matthew W. Brann, United States District Judge, MEMORANDUM OPINION NOVEMBER 21, 2020: ‘I grant Defendants’ motions and dismiss Plaintiffs’ action with prejudice.’

 

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MEMORANDUM OPINION 

NOVEMBER 21, 2020 

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA 

DONALD J. TRUMP FOR PRESIDENT, INC., et al., Plaintiffs, 

v. 

KATHY BOOCKVAR, et al., Defendants. 

No. 4:20-CV-02078 

(Judge Brann) 

CONCLUSION 

Defendants’ motions to dismiss the First Amended Complaint are granted with prejudice. Leave to amend is denied. “Among the grounds that could justify a denial of leave to amend are undue delay, bad faith, dilatory motive, prejudice, and futility.”140 Given that: (1) Plaintiffs have already amended once as of right; (2) Plaintiffs seek to amend simply in order to effectively reinstate their initial complaint and claims; and (3) the deadline for counties in Pennsylvania to certify their election results to Secretary Boockvar is November 23, 2020, amendment would unduly delay resolution of the issues. This is especially true because the Court would need to implement a new briefing schedule, conduct a second oral argument, and then decide the issues.