McCain-Palin 2008, Inc. v. Cunningham et al

Filing 34

Consent MOTION to Amend/Correct 17 Intervenor Complaint by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Proposed Order)(Perrin, Robin)

McCain-Palin 2008, Inc. v. Cunningham et al

Doc. 34

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division MCCAIN-PALIN 2008, INC.; and THE UNITED STATES OF AMERICA, ) ) ) Plaintiffs, ) ) ) v. ) ) JEAN CUNNINGHAM, ) Chairman, Virginia State Board of Elections; ) HAROLD PYON, Vice-Chairman, Virginia State ) Board of Elections; and NANCY RODRIGUES, ) Secretary, Virginia State Board of Elections; ) ) Defendants. ) __________________________________________)

Case No. 3:08CV709

CONSENT MOTION TO AMEND COMPLAINT The United States hereby moves this Court for an order permitting the United States to amend its Complaint in Intervention, pursuant to Fed. R. Civ. P. 15(a)(2), to clarify the named defendants in this action, specifically that the United States' Complaint names as defendants the Commonwealth of Virginia and the Virginia State Board of Elections (rather than the individual members). In support, the United States states as follows: 1. On November 17, 2008, this Court granted the United States' Motion to Intervene as a plaintiff in this action. Also on November 17, 2008, this Court granted the defendants' Motion to Dismiss plaintiff McCain-Palin 2008, Inc. from the case. 2. In paragraphs 4 and 5 of the Plaintiff United States' original Complaint in Intervention, both the Commonwealth of Virginia and the Virginia State Board of Elections were named as defendants, however the caption to the Complaint bore the original caption of the

Dockets.Justia.com

matter into which the United States sought to intervene.1 3. By this motion, Plaintiff United States seeks to clarify that its Complaint in the abovecaptioned case designates both the Commonwealth of Virginia and the Virginia State Board of Elections as the defendants in this action. 4. Plaintiff United States has received responsive pleadings from Defendants Cunningham, Pyon, and Rodrigues, the members of the Virginia State Board of Elections, and thus respectfully requests this Court's leave to amend its Complaint. 5. Counsel for Defendants Cunningham, Pyon, and Rodrigues has consented to this amendment. Counsel for Defendants Cunningham, Pyon, and Rodrigues will also represent the Virginia State Board of Elections and the Commonwealth of Virginia in this matter, and counsel for the parties stipulate that the Motion to Dismiss the United States' Complaint in Intervention, Memorandum in Support of Motion to Dismiss, and Answer filed by Defendants Cunningham, Rodrigues and Pyon should be deemed to have been filed by the Virginia State Board of Elections and the Commonwealth of Virginia in response to the Complaint in Intervention. CONCLUSION Based on the above, the United States respectfully moves this Court to grant leave to file and serve the attached First Amended Complaint.

For purposes of this Consent Motion to Amend Complaint, and the accompanying Proposed Order, the United States adopts the caption specified in this Court's most recent order and in the docket sheet for this case.

1

Date: November 26, 2008 Respectfully submitted, MICHAEL B. MUKASEY Attorney General GRACE CHUNG BECKER Acting Assistant Attorney General DANA J. BOENTE Acting United States Attorney _________/s/____________________ ROBIN PERRIN Assistant United States Attorney Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] CHRISTOPHER COATES Chief, Voting Section REBECCA J. WERTZ Principal Deputy Chief ALBERTO RUISANCHEZ LEMA BASHIR Trial Attorneys United States Department of Justice Civil Rights Division, Voting Section 950 Pennsylvania Ave., NW Room NWB-7254 Washington, D.C. 20530 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail]

CERTIFICATE OF SERVICE I hereby certify that on the 26th day of November, 2008, I will electronically file the foregoing with the Clerk of Court using the CM/ECF system, which will send a notification of such filing (NEF) to the following counsel of record: Robert A. Dybing [e-mail] Attorney for the Defendants By: /s/ _______________________ Robin E. Perrin Virginia State Bar No. 65825 Assistant United States Attorney United States Attorney's Office 600 East Main Street, Suite 1800 Richmond, Virginia 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail]