Rick Perry v. Charles Judd

Filing 15

Letter re: by - Newt Gingrich in 12-1067. [998765634] [12-1067, 12-1042, 12-1047] Lawrence Ebner

Albany

New York

Atlanta

Philadelphia

Brussels

1900 K Street, NW  Washington, DC 20006
Tel: [phone]  Fax: [phone]
www.mckennalong.com

Denver
Los Angeles

STEFAN C. PASSANTINO
[phone]

San Diego
San Francisco
Washington, DC

EMAIL ADDRESS
[e-mail]

URGENT
January 16, 2012

VIA Electronic Filing
Patricia S. Connor, Clerk
U.S. Court of Appeals for the Fourth Circuit
1100 East Main Street, Suite 501
Richmond, Virginia 23219-3517
Re:

Perry v. Judd, Record No. 12-1067

Dear Ms. Connor:
I am counsel for Speaker Newt Gingrich, who was permitted to intervene as a CoPlaintiff in the underlying Eastern District of Virginia suit (Civ. No. 3:11-cv-856) involving
inclusion of candidates on the Republican ballot for the upcoming Presidential primary election
in Virginia. The above-referenced appeal, filed by Gov. Rick Perry, challenges the district
court’s January 13, 2012 Order denying a motion for a preliminary injunction. On behalf of
Speaker Gingrich, we filed our own Notice of Appeal yesterday, January 15, challenging the
same Order. Gov. Perry now has filed an Emergency Motion for Injunction Pending Appeal.
Given the short timeframe and holiday weekend, our appeal has not yet been transmitted
to your office by the district court clerk. Since our appeal has not yet been docketed or
consolidated with Gov. Perry’s appeal, we are writing this letter to advise the Court that we
support Gov. Perry’s Emergency Motion since Speaker Gingrich is similarly situated.
Please provide copies of this letter to the Court. Also, please advise me whether there are
any immediate procedural steps that we should take on behalf of Speaker Gingrich with regard to
docketing and consolidation of the appeals and/or joining the Emergency Motion.

January 16, 2012
Page 2

We very much appreciate your cooperation and assistance.
Very truly yours,

Stefan C. Passantino
ATTORNEY FOR NEWT GINGRICH

January 16, 2012
Page 3
CERTIFICATE OF SERVICE
I hereby certify that on January 16, 2012, I electronically transmitted a copy of the
foregoing to the following counsel of record for Defendants/Appellees, Plaintiff/Appellant, and
the remaining Intervenor-Plaintiffs:
E. Duncan Getchell, Jr.
Wesley G. Russell
Office of the Attorney General
900 East Main Street
Richmond, Virginia 23219
Telephone: [phone]
[e-mail]
[e-mail]
Counsel for Charles Judd, Kimberly Bowers and Don Palmer, Members of the Virginia State
Board of Elections, in their official capacity
Joseph N. Lief
Virginia International Raceway
1245 Pinetree Road
Alton, Virginia 24520
Telephone: [phone]
Counsel for Charles Judd, Kimberly Bowers and Don Palmer, Members of the Virginia State
Board of Elections, in their official capacity
Charles M. Sims (VSB No. 35845)
LeClairRyan, A Professional Corporation
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Pat Mullins, in his official capacity as Chairman of the Republican Party of Virginia
Lee Elton Goodman
LeClairRyan, A Professional Corporation
1701 Pennsylvania Ave NW, Suite 1045
Washington, DC 20006
[e-mail]
Counsel for Pat Mullins, in his official capacity as Chairman of the Republican Party of Virginia

January 16, 2012
Page 4

Hugh M. Fain, III (VSB No. 26494)
M. F. Connell Mullins, Jr. (VSB No. 47213)
Edward Everett Bagnell, Jr. (VSB No. 74647)
Spotts Fain PC
411 East Franklin Street, Suite 600
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Counsel for Rick Perry
Joseph M. Nixon
James E. (“Trey”) Trainor, III
Martin D. Beirne
Beirne, Maynard & Parsons, L.L.P.
1300 Post Oak Boulevard, Suite 2500
Houston, TX 77056
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Counsel for Rick Perry
Craig Engle
Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Tel: [phone]
Fax: [phone]
Counsel for Jon Huntsman, Jr.
Cleta Mitchell
Foley & Lardner LLP
3000 K Street, N.W., Suite 600
Washington, DC 20007-5109
Tel: [phone]
Fax: [phone]
Counsel for Rick Santorum