Perry v. Judd et al

Filing 17

MOTION to Dismiss the Complaint by Pat Mullins. (Sims, Charles)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
The Honorable Rick Perry,
Plaintiff,
v.

Civil Action No. 3:11-CV-856-JAG

Charles Judd,
In His Official Capacity as a Member
of the Virginia State Board of Elections, et al.,
Defendants.
THE REPUBLICAN PARTY OF VIRGINIA CHAIRMAN’S
MOTION TO DISMISS THE COMPLAINT
Pursuant to Fed. R. Civ. P. 12(b)(1), Article III of the U.S. Constitution, and Fed. R. Civ.
P. 12(b)(6), Defendant Patrick Mullins, Chairman of the Republican Party of Virginia, by
counsel, respectfully moves the Court for an order dismissing the Chairman as a defendant in this
lawsuit, because there is no cognizable dispute between the Plaintiff and the Chairman in this
matter and, moreover, the Chairman’s participation is not necessary to a resolution of the
Plaintiff’s constitutional challenges to Virginia statutes, which are the responsibility of the
Commonwealth of Virginia and its public officials. A Memorandum in Support of this Motion is
submitted contemporaneously providing additional grounds for granting the Motion.
Respectfully submitted this 3rd day of January, 2012.
/s/
Charles E. Sims (Va. Bar 35845)
LeClairRyan, a Professional Corporation
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Lee E. Goodman (Va. Bar 31695)
LeClairRyan, a Professional Corporation
1101 Connecticut Ave., NW, Sixth Floor
Washington, DC 20036
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Patrick Mullins, Chairman of the
Republican Party of Virginia

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CERTIFICATE OF SERVICE
I hereby certify that on the 3rd day of January, 2012, I electronically filed the foregoing
with the Clerk of the Court using the CM/ECF system, which will then send a notification of
such filing (NEF) to counsel named below:
Hugh M. Fain, III
Edward E. Bagnell, Jr.
Maurice F. Mullins
Spotts Fain PC
411 East Franklin Street
Richmond, Virginia 23218-1555
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
James E. Trainor, III
Joseph M. Nixon
Martin D. Beirne
Beirne Maynard & Parsons LLP
1300 Post Oak Blvd., 25th Floor
Houston, Texas 77056
Telephone: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for The Honorable Rick Perry
E. Duncan Getchell, Jr.
Wesley G. Russell, Jr.
Office of the Attorney General
900 E. Main Street
Richmond, Virginia 23219
Telephone: [phone]
[e-mail]
[e-mail]
Joseph N. Lief
Virginia International Raceway
1245 Pinetree Road
Alton, Virginia 24520
Telephone: [phone]
Attorneys for Charles Judd, Kimberly Bowers, Don Palmer,
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members of the Virginia State Board of Elections,
in their official capacity
/s/
Charles E. Sims (Va. Bar 35845)
LeClairRyan, a Professional Corporation
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Patrick Mullins, Chairman of the
Republican Party of Virginia

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