Erich Smith; Frank E. Garwood, Jr.; Maribel Lorenzo; Dr. Daniel Donofrio v. PRESIDENT UNITED STATES OF AMERICA On Appeal from the United States District Court…

UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 21-3091
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ERICH SMITH; FRANK E. GARWOOD, JR.;
MARIBEL LORENZO; DR. DANIEL DONOFRIO
Appellants
v.
PRESIDENT UNITED STATES OF AMERICA
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On Appeal from the United States
District Court for the District of New Jersey
(D.C. Civil No. 1-21-cv-19457)
District Judge: Honorable Christine P. O’Hearn
Before: HARDIMAN, PORTER, and MATEY, Circuit Judges
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JUDGMENT ORDER
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On May 17, 2023, Appellee moved to dismiss this appeal as moot. Having
considered the parties’ arguments, we conclude that the appeal is moot and dismissal is
appropriate. We express no opinion on whether the case itself is moot, and leave that
question for the District Court to consider on remand. Our decision is limited solely to the
appeal of the denial of a preliminary injunction. It is accordingly hereby ORDERED that
the appeal is dismissed and the matter REMANDED to the District Court for further
proceedings.
By the Court,
s/ Paul B. Matey
Circuit Judge

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ATTEST:
s/ Patricia S. Dodszuweit
Clerk
DATED: August 10, 2023

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