Perry v. Judd et al

Filing 95

Consent MOTION to Voluntarily Dismiss claims of Plaintiff by Rick Perry. (Attachments: # 1 Proposed Order)(Bagnell, Edward)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
THE HONORABLE RICK PERRY,
Plaintiff,
v.
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.

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Civil No. 3:11-cv-856

PLAINTIFF THE HONORABLE RICK PERRY’S MOTION TO DISMISS
Plaintiff, The Honorable Rick Perry, by counsel, pursuant to Federal Rule of Civil
Procedure 41(a)(2) hereby moves to dismiss his claims in the above styled action.
As set forth in the Certificate of Conference appended hereto, Counsel for Plaintiff has
contacted counsel for all parties and all consent to the dismissal of Plaintiff from this action.
WHEREFORE, premises considered, Plaintiff respectfully prays that the Court grant this
Motion, and dismiss Plaintiff, The Honorable Rick Perry from this action, with this matter to
otherwise remain pending for further adjudication and resolution of the claims of the Intervenor
Plaintiffs.

January 26, 2012

Respectfully Submitted,

THE HONORABLE RICK PERRY

_______/s/_______________
Hugh M. Fain, III (VSB # 26494)
Email: [e-mail]
M. F. Connell Mullins, Jr. (VSB No. 47213)
Email: [e-mail]
Edward E. Bagnell, Jr. (VSB # 74647)
Email: [e-mail]
411 East Franklin Street, Suite 00
Richmond, VA 23219
Telephone: [phone]
Facsimile: [phone]
BEIRNE, MAYNARD & PARSONS, L.L.P.
Joseph M. Nixon (Admitted pro hac vice)
James E. (“Trey”) Trainor, III (Admitted Pro
hac vice)
Martin D. Beirne (Admitted pro hac vice)
1300 Post Oak Boulevard, Suite 2500
Houston, TX 77056
Telephone: [phone]
Facsimile: [phone]
[e-mail]
ATTORNEYS FOR PLAINTIFF
THE HONORABLE RICK PERRY

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CERTIFICATE OF CONFERENCE
Counsel for all parties has been contacted regarding this motion and all have consented to
the dismissal of The Honorable Rick Perry from this action.
/s/ Joseph M. Nixon
Joseph M. Nixon

CERTIFICATE OF SERVICE
I hereby certify that on January 26, 2012, I will electronically file the foregoing document
with the Clerk of the Court using the CM/ECF System, which will then send a notification of
such filing (NEF) to all counsel of record:
E. Duncan Getchell, Jr.
Wesley G. Russell
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
Joseph N. Lief
Virginia International Raceway
1245 Pinetree Road
Alton, Virginia 24520
Telephone: [phone]
Counsel for Charles Judd, Kimberly Bowers
and Don Palmer, members of the Virginia
State Board of Elections, in their official capacity

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Lee Elton Goodman
[e-mail]
LeClairRyan, A Professional Corporation
1701 Pennsylvania Ave NW
Suite 1045
Washington, DC 20006
Counsel for Pat Mullins,
in his official capacity as
Chairman of the Republican Party of Virginia.

Charles M. Sims (VSB No. 35845)
LeClairRyan, A Professional Corporation
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Patrick Mullins,
Chairman of the Republican Party of Virginia
J. Christian Adams
Virginia Bar #42543
Election Law Center, PLLC
300 N. Washington St., Suite 405
Alexandria, VA 22314
Tel: [phone]
Fax: [phone]
[e-mail]
Counsel for Intervenors Gingrich, Huntsman,
and Santorum
_________/s/
____________
Edward Everett Bagnell, Jr. (VSB No. 74647)
Email: [e-mail]
SPOTTS FAIN PC
411 East Franklin Street, Suite 600
P.O. Box 1555
Richmond, Virginia 23218-1555
Telephone: [phone]
Facsimile: [phone]
Attorneys for The Honorable Rick Perry

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