Perry v. Judd et al

Filing 25

MOTION to Intervene by Newt Gingrich, Rick Santorum, Jon Huntsman. (Attachments: # 1 Exhibit Proposed complaint in intervention, # 2 Proposed Order Proposed order)(Adams, John)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
THE HONORABLE RICK PERRY,
Plaintiff,
Civil No. 3:11-CV-856
vs.
CHARLES JUDD, KIMBERLY
BOWERS, and DON PALMER, members
of the Virginia State Board of Elections, in
their official capacities, and PAT MULLINS,
in his official capacity as Chairman of the
Republican Party of Virginia,
Defendants.
__________________________________________/
MOTION OF THE HONORABLE NEWT GINGRICH, JON HUNTSMAN, JR., AND
RICK SANTORUM TO INTERVENE AND MOTION FOR EXPEDITED
CONSIDERATION
Movants Newt Gingrich, Jon Huntsman, Jr., and Rick Santorum (collectively “Proposed
Plaintiffs”), pursuant to F.R.C.P. 24(a) and, in the alternative, 24(b), hereby move this Court to
allow them to intervene in this action to protect their interests, which would not be fully and
adequately represented, and may well be impaired, by the Plaintiff.
In support of this Motion, Proposed Plaintiffs show the Court that: (a) this Motion is
timely filed; (b) Proposed Plaintiffs have a substantial and direct interest in the subject matter
and outcome of this action; (c) granting the declaratory and injunctive relief requested by the
Plaintiff would not fully and adequately represent Proposed Plaintiffs’ interests, and may well
impair such interests; and (d) Proposed Plaintiffs’ interests are not adequately represented by the
existing parties. Proposed Plaintiffs further demonstrate to the Court that the defense of their

interests necessarily involves questions of law and fact that are common to questions of law and
fact involved in the existing action. Proposed Plaintiffs are therefore entitled to intervene as a
matter of right, or, alternatively to intervene by permission of this Court. Furthermore, under the
circumstances and procedural posture of this case, Proposed Plaintiffs request expedited
consideration of this Motion. In addition, Proposed Plaintiffs file this motion in accordance with
the Court’s December 29, 2011 Order permitting other Republican candidates to intervene as a
party plaintiff or defendant no later than January 6, 2012. (See Order issued December 29, 2011,
on file with the Court as Document 13.)
In support of this Motion, Proposed Plaintiffs rely upon the Memorandum in support of
this Motion filed herewith, which illustrates that Proposed Plaintiffs are necessary intervening
parties who would not be fully and adequately represented, and who may indeed be harmed, if
the present declaratory and injunctive relief sought by Plaintiff is granted.
WHEREFORE, Proposed Plaintiffs respectfully request that this Motion be expeditiously
considered and granted.

This 4th day of January, 2012.

_________________/S/________________
J. Christian Adams
Election Law Center, PLLC
300 N. Washington St., Suite 405
Alexandria, VA 22314
Tel: [phone]
Fax: [phone]
[e-mail]
Virginia Bar #42543

-2-

Stefan C. Passantino
J. Randy Evans
Benjamin P. Keane
McKenna Long & Aldridge, LLP
1900 K St. NW
Washington, DC 20009
Tel: [phone]
Fax: [phone]
ATTORNEYS FOR PROPOSED
PLAINTIFF-INTERVENOR NEWT
GINGRICH
Pro Hac Vice applications to be filed
Craig Engle
Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Tel: [phone]
Fax: [phone]
ATTORNEY FOR PROPOSED
PLAINTIFF-INTERVENOR JON
HUNTSMAN, JR.
Pro Hac Vice application to be filed
Cleta Mitchell
Foley & Lardner LLP
3000 K Street, N.W.
Suite 600
Washington, DC 20007-5109
Tel: [phone]
Fax: [phone]
ATTORNEY FOR PROPOSED
PLAINTIFF-INTERVENOR RICK
SANTORUM
Pro Hac Vice application to be filed

-3-

CERTIFICATE OF SERVICE
I hereby certify that on the 4th day of January, 2012, I have electronically filed the foregoing
with the Clerk of Court using the CM/ECF system, which will then send a notification of such filing
(NEF) to the following:

Joseph M. Nixon
James E. Trainer, III
Martin D. Beirne
Beirne, Maynard, & Parsons, LLP
1300 Post Oak Boulevard
Suite 2500
Houston, Texas 77056
Respectfully submitted this 4th day of January, 2012.
_________ /S/_____________
J. Christian Adams
Election Law Center, PLLC
300 N. Washington St., Suite 405
Alexandria, VA 22314
Tel: [phone]
Fax: [phone]
[e-mail]
Virginia Bar #42543
Stefan C. Passantino
J. Randolph Evans
Benjamin P. Keane
McKenna Long & Aldridge, LLP
1900 K St. NW
Washington, DC 20009
Tel: [phone]
Fax: [phone]
ATTORNEYS FOR PROPOSED
PLAINTIFF-INTERVENOR NEWT
GINGRICH
Pro Hac Vice applications to be filed

Craig Engle
Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Tel: [phone]
Fax: [phone]
ATTORNEY FOR PROPOSED
PLAINTIFF-INTERVENOR JON
HUNTSMAN, JR.
Pro Hac Vice application to be filed
Cleta Mitchell
Foley & Lardner LLP
3000 K Street, N.W.
Suite 600
Washington, DC 20007-5109
Tel: [phone]
Fax: [phone]
ATTORNEY FOR PROPOSED
PLAINTIFF-INTERVENOR RICK
SANTORUM
Pro Hac Vice application to be filed