Case Number: 3:2011cv00856 Filing 25 MOTION to Intervene by Newt Gingrich, Rick Santorum, Jon...

8/3/2019 Case Number: 3:2011cv00856 Filing 25 MOTION to Intervene by Newt Gingrich, Rick Santorum, Jon Huntsman.

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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 theRepublican 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


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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 Courts 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 AdamsElection Law Center, PLLC

300 N. Washington St., Suite 405

Alexandria, VA 22314Tel: 703-963-8611

Fax: 703-740-1773

[email protected]

Virginia Bar #42543


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Stefan C. Passantino

J. Randy Evans

Benjamin P. KeaneMcKenna Long & Aldridge, LLP

1900 K St. NW

Washington, DC 20009Tel: 202-496-7500

Fax: 202-496-7756

ATTORNEYS FOR PROPOSEDPLAINTIFF-INTERVENOR NEWT

GINGRICH

Pro Hac Vice applications to be filed

Craig EngleArent Fox LLP

1050 Connecticut Avenue, NW

Washington, DC 20036-5339Tel: 202-857-6000

Fax: 202-857-6395

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: 202-672-5300Fax: 202-672-5399

ATTORNEY FOR PROPOSEDPLAINTIFF-INTERVENOR RICK

SANTORUM



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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. NixonJames E. Trainer, III

Martin D. Beirne

Beirne, Maynard, & Parsons, LLP1300 Post Oak Boulevard

Suite 2500

Houston, Texas 77056

Respectfully submitted this 4th

day of January, 2012.

_________ /S/_____________

J. Christian AdamsElection Law Center, PLLC

300 N. Washington St., Suite 405

Alexandria, VA 22314Tel: 703-963-8611

Fax: [email protected]

Virginia Bar #42543

Stefan C. PassantinoJ. Randolph Evans

Benjamin P. Keane

McKenna Long & Aldridge, LLP1900 K St. NW

Washington, DC 20009

Tel: 202-496-7500Fax: 202-496-7756

ATTORNEYS FOR PROPOSED

PLAINTIFF-INTERVENOR NEWTGINGRICH

Pro Hac Vice applications to be filed


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Craig EngleArent Fox LLP

1050 Connecticut Avenue, NW

Washington, DC 20036-5339Tel: 202-857-6000

Fax: 202-857-6395

ATTORNEY FOR PROPOSEDPLAINTIFF-INTERVENOR JON

HUNTSMAN, JR.


Cleta MitchellFoley & Lardner LLP

3000 K Street, N.W.

Suite 600Washington, DC 20007-5109

Tel: 202-672-5300

Fax: 202-672-5399

ATTORNEY FOR PROPOSED

PLAINTIFF-INTERVENOR RICKSANTORUM


Case Number: 3:2011cv00856 Filing 25 MOTION to Intervene by Newt Gingrich, Rick Santorum, Jon...

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