Commonwealth of Virginia, Ex Rel. Kenneth T. Cuccinelli, II v. Sebelius

Filing 52

MOTION for Leave to Appear Amicus Curiae by Liberty Group. (Attachments: # 1 Proposed Brief, # 2 Proposed Order)(Forest, John)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION COMMONWEALTH OF VIRGINIA EX REL. KENNETH T. CUCCINELLI, II, in his official capacity as Attorney General of Virginia, ) ) ) ) ) Plaintiff, ) ) v. ) ) KATHLEEN SEBELIUS, ) As Secretary of the Department of ) Health and Human Services, in her ) Official Capacity, ) ) Defendant. ) _______________________________________)

No. 3:10-cv-00188-HEH

MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE OF LIBERTY GUARD IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS Pursuant to Rule 29(a) and (b) of the Federal Rules of Appellate Procedure, movant, Liberty Guard move the court for leave to participate as amicus curiae and file the accompanying amicus brief in support of the Plaintiff's Opposition to the Defendant's Motion to Dismiss. I. CORPORATE & FINANCIAL DISCLOSURE STATEMENTS Pursuant to Local Rule 7.1 of the Eastern District of Virginia, and to enable the District Judges and Magistrate Judges to evaluate possible disqualifications or recusal, the undersigned counsel for Liberty Guard certifies that there are no parents, trusts, subsidiaries, and/or affiliates of Liberty Guard that have issued shares or debt securities to the public. Pursuant to Fourth Circuit Local Rule 26.1, Liberty Guard declares it is a nonprofit legal corporation dedicated to the defense of individual liberties secured by law. Liberty Guard states that it has no parent corporation and issues no stock. No publicly held corporation has a direct financial interest in the outcome of this litigation due to the Liberty Guard's participation.

II.

INTEREST OF MOVANTS Liberty Guard, Inc. ("Liberty Guard") is a national, nonprofit, nonpartisan organization

with more than 4,000 members dedicated to protecting and defending individual liberty. Because this case involves the intersection of the limits of the powers granted to the federal government by the Constitution and significant individual liberties, its proper resolution is a matter of significant concern to Liberty Guard and its members. Neither party solicited this brief. Liberty Guard has no relationship to either party and has not conferred with either the plaintiff or the defendant. III. CONCLUSION WHEREFORE, we request this court to grant the present motion and allow Movant to participate as amicus curiae. Respectfully submitted:

/s/ Christopher L. Markham Christopher L. Markham The Law Office of Christopher L. Markham, LLC 751 Rockville Pike, Suite 4-A Rockville, MD 20852 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Liberty Guard [but not admitted to practice before the U.S. District Court for the Eastern District of Virginia]

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/s/ John P. Forest, II John P. Forest, II, VSB# 33089 ST A H LZE LLO E P.C. 11350 Random Hills Rd., Suite 700 Fairfax, VA 22030 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Liberty Guard

CERTIFICATE I certify that I will file this document with the Clerk of the Court through the Courts ECF procedures on this 17th day of June 2010, where the Clerk of the Court will issue an NEF to the following parties: Earle Duncan Getchell, Jr., Esq. Office of the Attorney General 900 E. Main St. Richmond, VA 23219 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Plaintiff Jonathan Holland Hambrick, Esq. Office of the U.S. Attorney 600 E Main St., Suite 1800 Richmond, VA 23219 Telephone; [phone] Email: [e-mail] Counsel for Defendant

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Colby M. May, Esq. American Center for Law and Justice 201 Maryland Ave., N.E. Washington, DC 20002 Telephone: [phone] Facsimile: [phone] Email: cmmay @aclj-dc.org Counsel for Representative Todd Akin, et al. and Scott Charles Oostdyk, Esq. McGuire Woods, LLP 901 E. Cary St. Richmond, VA 23219 Telephone: [phone] Email: [e-mail] Counsel for Physician Hospitals of America

and that I will serve by first class mail, postage prepaid, a copy of this pleading to: Ray Elbert Parker P.O. Box 320636 Alexandria, VA 23230

/s/ John P. Forest, II John P. Forest, II, VSB# 33089 ST A H LZE LLO E P.C. 11350 Random Hills Rd., Suite 700 Fairfax, VA 22030 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Counsel for Liberty Guard

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