Gordon v. East Goshen Tp.

• Decision Date: 13 January 2009
• Docket Number: No. 08-4682.,08-4682.
• Parties: Marcia GORDON and Robert Corcoran, Plaintiffs, v. EAST GOSHEN TOWNSHIP, Judge Howard F. Riley, Jr., Individually and in Official Capacity as Chester County (PA) Common Pleas Court Judge, and Margaret M. Yokemick, Individually and in Official Capacity as Chester County (PA) Common Pleas Court Administrator, Defendants.
• Court: U.S. District Court — Eastern District of Pennsylvania

592 F.Supp.2d 828

Marcia GORDON and Robert Corcoran, Plaintiffs, v. EAST GOSHEN TOWNSHIP, Judge Howard F. Riley, Jr., Individually and in Official Capacity as Chester County (PA) Common Pleas Court Judge, and Margaret M. Yokemick, Individually and in Official Capacity as Chester County (PA) Common Pleas Court Administrator, Defendants.

Civil Action No. 08-4682.

United States District Court, E.D. Pennsylvania.

January 13, 2009.

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Janice Haagensen, Esq., for Plaintiffs.

Suzanne McDonough, Esq., for East Goshen Township.

Mary E. Butler, Esq., for Judge Howard F. Riley, Jr. and Margaret M.

MEMORANDUM

DuBOIS, District Judge.

I. INTRODUCTION

Presently before the Court are Plaintiffs' Motion for Emergency Temporary Restraining Order (Document No. 2, filed September 29, 2008); Response of Defendant East Goshen Township to Motion for a Temporary Restraining Order and Motion to Dismiss Plaintiffs' Request for a Permanent Injunction (Document No. 9, filed October 29, 2008); and Judicial Defendants' Response to Plaintiffs' Motion for a Temporary Restraining Order/Request for a Permanent Injunction and Judicial Defendants' Motion to Dismiss Plaintiffs' Complaint (Document Nos. 12 and 13, filed November 14, 2008). Additional briefing from the parties is also before the Court: Plaintiffs' Memorandum of Law on Rooker-Feldman Jurisdiction and Pullman Abstention (Document No. 16, filed December 2, 2008); and Defendant East Goshen Township's Response to Plaintiffs' Memorandum of Law on the Applicability of Rooker-Feldman Jurisdiction and Pullman Abstention Doctrines (Document No. 19, filed December 10, 2008).

For the reasons set forth below, the Court grants Judicial Defendants' Motion to Dismiss Plaintiffs' Complaint on the ground that the case is moot, and thus this Court lacks jurisdiction. Pursuant to the doctrine announced in Railroad Commission of Texas v. Pullman Company, 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941), the Court abstains from adjudicating plaintiffs' claims against defendant East Goshen Township and defendant East Goshen Township's Motion to Dismiss Plaintiffs' Request for a Permanent Injunction. In view of these rulings, Plaintiffs' Motion for Emergency Temporary Restraining Order is denied as moot.

II. BACKGROUND

On August 4, 2008, the Board of Supervisors of East Goshen Township, located in Chester County, Pennsylvania, enacted Resolution 08-50 ("Resolution"), which adopted and implemented the East Goshen Township Open Space Deer Hunt Reduction Initiative ("Initiative") dated July 19, 2008. East Goshen Twp., Pa., Resolution 08-50 (Aug. 4, 2008). The Initiative's goal is "to return the deer population size in the township to its 1995 level within 10 years" by allowing regulated bow hunting of deer in certain Township open spaces. East Goshen Township Open Space Deer Hunt Reduction Initiative 4-7 (July 19, 2008), available at http://eastgoshen.org/_documents/2008-07-19% 202008-2009% 20EGT% 20Open% 20Space% 20Hunting% 20Program% 20(3).pdf. Also on August 4, 2008, the Board of Supervisors enacted Ordinance No. 129-E-08 ("Ordinance"), amending the Code of the Township of East Goshen to set aside areas of Township-owned land for deer hunting pursuant to the Initiative. East Goshen Twp., Pa., Code § 163-3(N) (1999) (effective August 9, 2008).

On September 3, 2008, instant plaintiffs Marcia Gordon and Robert Corcoran filed a lawsuit in the Chester County Court of Common Pleas challenging the constitutionality of the Initiative and the Ordinance and seeking a preliminary injunction enjoining the implementation of the Initiative. Complaint at 1, 27, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Sept. 3, 2008). Plaintiffs alleged that the adoption of the Initiative violated provisions of the United States Constitution, the Pennsylvania Constitution, and laws of the Commonwealth of Pennsylvania. Id. at 23-26. The case was assigned to the Honorable Howard F. Riley, Jr. See Praecipe for Determination, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Sept. 23, 2008). On September 16, 2008, plaintiffs filed an Application for Special Emergency Ex Parte Injunctive Relief to immediately stay the deer hunt before its scheduled date of commencement, September 20, 2008. Application for Special Emergency Ex Parte Injunctive Relief, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Sept. 16, 2008). The same day, plaintiffs were informed by Judge Riley's secretary that the Judge "was unable to deal with Plaintiffs' requests until September 22 because he was on vacation and court facilities were being moved from one building to another." (Compl. ¶ 38 (Doc. No. 1, filed Sept. 29, 2008).)

On September 30, 2008, plaintiffs' case was assigned to the Honorable Robert J. Shenkin of the Chester County Court of Common Pleas. Docket, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P., retrieved Nov. 18, 2008). Judge Shenkin was presiding over another case challenging the same Initiative—albeit on different grounds—that had been filed on September 2, 2008 by Leo Sinclair, Ellen Sinclair, Robert Bernhard, and Ellen Bernhard on behalf of themselves and others similarly situated. Complaint ¶¶ 25-27, Sinclair v. East Goshen Twp. Bd. of Supervisors, No. 08-09552 (Chester County Ct. C.P. Sept. 2, 2008). On September 25, 2008, in a brief Order, Judge Shenkin had denied the Sinclair plaintiffs' Petition for Preliminary Injunction. Order of September 25, 2008, Sinclair v. East Goshen Twp. Bd. of Supervisors, No. 08-09552 (Chester County Ct. C.P. Sept. 25, 2008). Judge Shenkin denied instant plaintiffs' Application for Special Emergency Ex Parte Injunctive Relief in a summary Order on September 30, 2008. Order of September 30, 2008, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Sept. 30, 2008). Turning to plaintiffs' Special Application and Petition for Stay and/or Preliminary Injunctive Relief ("Petition"), Judge Shenkin ordered respondent East Goshen Township Board of Supervisors to show cause why the requested relief should not be granted and scheduled a hearing on the Petition for October 10, 2008.

Meanwhile, on September 29, 2008, after Judge Shenkin denied the Sinclair plaintiffs' Petition but before any ruling in instant plaintiffs' state-court case, plaintiffs filed a federal Complaint in this Court challenging the legality of the Ordinance on the same grounds raised in their state-court Complaint. (Compl. ¶¶ 61-74.) In addition to East Goshen Township, plaintiffs included as defendants Judge Howard F. Riley, Jr., individually and in his official capacity as a Chester County Common Pleas Court Judge, and Margaret M. Yokemick, individually and in her official capacity as a Chester County Common Pleas Court Administrator (hereinafter, collectively, "judicial defendants"). Plaintiffs allege that judicial defendants deprived them of their "First Amendment right of access to the courts...." (Compl. ¶ 40.) In the Complaint, plaintiffs seek declaratory and injunctive relief. (Compl. ¶¶ 21-23.) Additionally, plaintiffs filed a Motion for Temporary Restraining Order ("TRO") to enjoin East Goshen Township from continuing the deer hunt and enjoin judicial defendants from "hindering Plaintiffs' access to the Chester County Court of Common Pleas...." (Mot. for TRO 1 (Doc. No. 2, filed Sept. 29, 2008).)

Continuing their state-court litigation, on October 6, 2008, plaintiffs filed a Notice of Appeal in the Commonwealth Court of Pennsylvania, appealing from Judge Shenkin's Order of September 30, 2008 denying plaintiffs' request for emergency relief. Notice of Appeal, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Oct. 6, 2008). On October 10, 2008, because plaintiffs failed to appear for the hearing before Judge Shenkin on that date, Judge Shenkin denied their Special Application and Petition for Stay and/or Preliminary Injunctive Relief. Order of October 10, 2008, Ref. No. 41, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Oct. 10, 2008). He also directed plaintiffs to file and serve a concise statement of errors complained of on appeal by October 31, 2008. Order of October 10, 2008, Ref. No. 24, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Oct. 10, 2008). Plaintiffs filed such a statement on October 29, 2008. Plaintiffs' Rule 1925(b) Concise Statement of Errors Complained of on Appeal, Gordon v. East Goshen Twp. Bd. of Supervisors, No. 08-09605 (Chester County Ct. C.P. Oct. 29, 2008). On October 14, 2008, plaintiffs filed a Motion for Stay Ancillary to Appeal in the Commonwealth Court of Pennsylvania; it was denied by Judge Barry F. Feudale on November 10, 2008. Motion for Stay Ancillary to Appeal, Gordon v. East Goshen Twp. Bd. of Supervisors, No.1939 C.D. 2008 (Commw.Ct.Pa. Oct. 14, 2008); Order of November 10, 2008, Gordon v. East Goshen Twp. Bd. of Supervisors, No.1939 C.D.2008 (Commw.Ct.Pa. Nov. 10, 2008).

In this Court, defendant East Goshen Township and judicial defendants filed motions to dismiss on October 29, 2008 and November 4, 2008, respectively. (Def. East Goshen Twp.'s Mot. to Dismiss Pls.' Req. for Permanent Inj. (Doc. No. 9, filed Oct. 29, 2008); Judicial Defs.' Mot. to Dismiss Pls.' Compl. (Doc. Nos. 12 & 13, filed Nov. 14, 2008).)

III. JUDICIAL DEFENDANTS

A. Legal Standard—Mootness and Federal Rule of Civil Procedure 12(b)(1)

The Supreme Court has explained that "`[w]ithout jurisdiction the court cannot proceed at all in any cause.'" Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 94, 118 S.Ct. 1003, 140 L.Ed.2d 210 (1998) (quoting Ex parte McCardle, 74 U.S. (7 Wall.) 506, 514, 19 L.Ed. 264 (1868))....