IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 03CV02453ZLWCBS
GIGI DENNIS, SECRETARY OF STATE FOR
THE STATE OF COLORADO, in her official capacity only,
Filed: March 21, 2006
Before EBEL, Senior Circuit Judge of the United States Court of Appeals for the
Tenth Circuit, PORFILIO, Senior Circuit Judge of the United States Court of
Appeals for the Tenth Circuit, and WEINSHIENK, Senior District Judge of the
United States District Court for the District of Colorado.
EBEL, Circuit Judge.
On March 1, 2006, the court ordered simultaneous status reports from the
parties in this case as to how the matter should proceed. Based upon those status
reports, the court hereby ORDERS as follows:
The Defendant shall file within thirty days a motion to dismiss the
Plaintiffs’ Elections Clause Claim based upon the defense of issue preclusion,
accompanied by a brief in support thereof. Not more than thirty days after the
filing of the Defendant’s motion to dismiss and supportive memorandum, the
Plaintiffs shall file their brief in opposition. Not more than fifteen days
Case 1:03-cv-02453-ZLW-DME Document 62 Filed 03/21/2006 Page 1 of 2
Lance, et al v. Davidson
thereafter, the Defendant shall file a reply brief.
Any consideration of the merits of the Plaintiffs’ Elections Clause
Claim shall be postponed until after the court considers the defense of issue
preclusion asserted by the Defendant.
The court reaffirms its previous ruling that “Plaintiffs’ Petition
Clause Claim fails to state a claim upon which relief may be granted, pursuant to
Fed. R. Civ. P. 12(b)(6).” Lance v. Davidson, 379 F.Supp. 1117, 113032
(D.Colo. 2005). The Supreme Court expressly declined to pass on our previous
ruling dismissing the Plaintiff’s Petition Clause Claim. See Lance v. Dennis, 126
S.Ct. 1198, 1203 n.3 (U.S. 2006). Therefore, the previous rulings on that matter