Perry v. Judd et al

Filing 89

MOTION for Extension of Time to File Response/Reply by Pat Mullins. (Attachments: # 1 Proposed Order)(Sims, Charles)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
THE HONORABLE RICK PERRY,

§
§
Plaintiff,
§
§
NEWT GINGRICH, JON HUNTSMAN, §
JR., and RICK SANTORUM
§
§
Intervenor-Plaintiffs
§
§
v.
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CHARLES JUDD, KIMBERLY
§
BOWERS, and DON PALMER, members §
of the Virginia Board of Elections, in their §
official capacities, and PAT MULLINS,
§
in his official capacity as Chairman of the §
Republican Party of Virginia,
§
§
Defendants.
§

Civil No. 3:11-CV-856

THE REPUBLICAN PARTY OF VIRGINIA CHAIRMAN’S
MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS
Pursuant to Fed. R. Civ. P. 6(b), Defendant Patrick Mullins, in his capacity as
Chairman of the Republican Party of Virginia (“Chairman” or “Chairman Mullins”), by
counsel, respectfully moves this Court to extend the deadline for his responsive pleadings
to Plaintiff’s Amended Complaint. In support of his motion, Defendant states as follows:
1.

Plaintiff filed his Amended Complaint on or about January 5, 2012.

2.

Defendant must file responsive pleadings to Plaintiff’s Amended

Complaint within twenty-one (21) days after service. Accordingly, Defendant’s
responsive pleadings are due on or before January 26, 2012.
3.

Counsel for both parties have agreed to an extension of two weeks in

which Defendant has to file his responsive pleadings.

4.

As grounds for the extension, Defendant asserts that it is unclear whether

the case will proceed in light of recent political events and two weeks will afford the
parties an opportunity to determine whether the Plaintiff will proceed or whether a
response will be required by Defendant Patrick Mullins, in his capacity as Chairman of
the Republican Party of Virginia.
WHEREFORE, for the foregoing reasons, Defendant Patrick Mullins, in his
capacity as Chairman of the Republican Party of Virginia respectfully moves this Court
to grant his Motion for Extension of Time to File Responsive Pleadings, and enter an
Order extending the due date for his responses until February 9, 2012, and to award him
any and all such other relief as may be just and fair.
Respectfully submitted this 23rd 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
[phone] (Tel.)
[phone] (Fax)
[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 this 23rd day of January 2012, I electronically filed the
foregoing pleading 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]
Attorneys for The Honorable Rick Perry

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
Joseph N. Lief
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

J. Christian Adams (VSB No. 42543)
Election Law Center, PLLC
300 N. Washington St., Suite 405
Alexandria, VA 22314
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Newt Gingrich, Jon Huntsman,
Jr. and Rick Santorum

Cleta Mitchell
Foley & Lardner LLP
3000 K Street, N.W., Suite 600
Washington, DC 20007-5109
Telephone: [phone]
Facsimile: [phone]
Counsel for Rick Santorum

Stefan C. Passantino
J. Randolph Evans
Benjamin P. Keane
McKenna Long & Aldridge, LLP
1900 K St. NW
Washington, DC 20009
Telephone: [phone]
Facsimile: [phone]
Counsel for Newt Gingrich

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Craig Engle
Arnet Fox LLP
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
Telephone: [phone]
Facsimile: [phone]
Counsel for Jon Huntsman, Jr.

/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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