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PURPURA v SEBELIUS (THIRD CIRCUIT) - ORDER (SLOVITER, JORDAN and GREENAWAY, JR., Circuit Judges) - Order Denying Motions Transport Room 8-1-11

PURPURA v SEBELIUS (THIRD CIRCUIT) - ORDER (SLOVITER, JORDAN and GREENAWAY, JR., Circuit Judges) - Order Denying Motions Transport Room 8-1-11

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Published by Jack Ryan
08/01/2011 Open Document ORDER (SLOVITER, JORDAN and GREENAWAY, JR., Circuit Judges) The appellant's motion for an injunction pending appeal is denied. Appellant's motion to vacate the order granting the government an extension of time to file a response brief is denied. Appellant's motion for default of appeal and order for declaratory relief is also denied. Appellant's motion requesting that the court disclose the names of those judges who have recused themselves from this case is denied. Appellants motion for entry of default is denied., filed. Panel No.: BLD-236. GREENAWAY, JR., Authoring Judge. (DW)
08/01/2011 Open Document ORDER (SLOVITER, JORDAN and GREENAWAY, JR., Circuit Judges) The appellant's motion for an injunction pending appeal is denied. Appellant's motion to vacate the order granting the government an extension of time to file a response brief is denied. Appellant's motion for default of appeal and order for declaratory relief is also denied. Appellant's motion requesting that the court disclose the names of those judges who have recused themselves from this case is denied. Appellants motion for entry of default is denied., filed. Panel No.: BLD-236. GREENAWAY, JR., Authoring Judge. (DW)

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Published by: Jack Ryan on Aug 01, 2011
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08/01/2011

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Case: 11-2303

Document: 003110611114

Page: 1

Date Filed: 08/01/2011

BLD-236

July 14, 2011

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 11-2303 NICHOLAS E. PURPURA; DONALD R. LASTER, JR., Appellants v. KATHLEEN SEBELIUS, Individually and as Secretary of the United States Department of Health and Human Services; ET AL. (D.N.J. Civ. No. 10-4814) Present: SLOVITER, JORDAN AND GREENAWAY, JR., Circuit Judges Submitted are

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Appellants’ Motion for a Temporary Restraining Order; Appellants’ Motion to Vacate Clerk’s Order Granting Extension of Time; Appellees’ Response; Appellants’ Reply; Appellants’ Letter Dated July 5, 2011, Which the Court May Wish to Construe as a Request Under the Freedom of Information Act; Appellants’ Motion for Default of Appeal and Order for Declaratory Relief; and Appellants’ Motion for Entry of Default, filed July 25, 2011

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in the above-captioned case.

Case: 11-2303

Document: 003110611114

Page: 2

Date Filed: 08/01/2011

C.A. No. 11-2303 NICHOLAS E. PURPURA; DONALD R. LASTER, JR., Appellants v. KATHLEEN SEBELIUS, Individually and as Secretary of the United States Department of Health and Human Services; ET AL. Page 2 _______________________________________________________________________ Respectfully,

Clerk MMW/JJA/dwb ________________________________ORDER________________________________ The appellants’ motion for an injunction pending appeal is denied. The appellants have failed to meet their burden of showing that they are likely to succeed on the merits of their appeal or that they will be irreparably injured absent an injunction. See Republic of Philippines v. Westinghouse Elec. Corp., 949 F.2d 653, 658 (3d Cir. 1991). The appellants’ motion to vacate the order granting the government an extension of time to file a response brief is denied. We are satisfied that the government has shown “good cause” for its request. See 3d Cir. L.A.R. 31.4. Appellants’ motion for default of appeal and order for declaratory relief is also denied. The appellants’ motion requesting that the Court disclose the names of those judges who have recused themselves from this case is denied. The Freedom of Information Act, upon which the appellants rely, does not require federal courts to disclose their records. See 5 U.S.C. §§ 551(1)(B), 552(a)(3). The appellants’ motion for entry of default is denied.

By the Court,
/s/Joseph A. Greenaway, Jr. Circuit Judge

Case: 11-2303

Document: 003110611114

Page: 3

Date Filed: 08/01/2011

Dated: August 1, 2011 Appeal No. 11-2303 Nicholas Purpura, et al v. Kathleen Sebelius, et al Page 2

DWB/cc: Nicholas Purpura Donald R. Laster, Jr. Dana Kaersvang, Esq. Alisa B. Klein, Esq. Mark B. Stern, Esq.

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