to this matter, addressed issues of standing and equal protection relevant to the Plaintiffs’ claims.33 Thereafter, on Sunday, November 15, 2020 – the day Plaintiffs’ response to Defendants’ motions to dismiss was due – Plaintiffs filed a First Amended Complaint (the “FAC”) with the Court. This new complaint excised five of the seven counts from the original complaint, leaving just two claims: one equalprotection claim, and one Electors and Elections Clauses claim.34 In addition, a review of the redline attached to the FAC shows that Plaintiffs deleted numerous allegations that were pled in the original complaint. Plaintiffs acknowledge that under the Third Circuit’s decision in Bognet, this Court cannot find that Plaintiffs have standing for their Elections and Electors Clauses claim in the FAC. Plaintiffs represent that they have included this claim in the FAC to preserve the argument for appellate review. Because Plaintiffs have made this concession, and because the Third Circuit’s decision in Bognet is clear, this Court dismisses Count II for lack of standing without further discussion. Defendants filed new motions to dismiss and briefs in support thereof on November 16, 2020. That evening, less than 24 hours before oral argument was to begin, Plaintiffs instituted a second series of substitutions in counsel. Ms. Kerns, 33 34 For example, Bognet held that only the General Assembly had standing to raise claims under the Elections and Electors Clauses. Id. at *7. This ruling effectively shut the door on Plaintiffs’ allegations under those clauses of the Constitution. Doc. 125. -9-