Notice to Apply Notice of Motion to FAC - Doc 11.
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Transcript of Notice to Apply Notice of Motion to FAC - Doc 11.
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7/31/2019 Notice to Apply Notice of Motion to FAC - Doc 11.
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Defendants Notice Regarding Plaintiffs First Amended Complaint
Charles H. Bell, Jr. (Cal. Bar No. 060553)Brian T. Hildreth (Cal. Bar No. 214131)Bell, McAndrews, & Hiltachk, LLP455 Capitol Mall, Suite 600Sacramento, CA 95814Telephone: (916) 442-7757Facsimile: (916) 442-7759
Attorneys for Defendants,REPUBLICAN NATIONALCOMMITTEE,ET AL.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION RONALD REAGAN COURTHOUSE
DELEGATES TO THE REPUBLICAN
NATIONAL CONVENTION, et al.,
Plaintiffs,
vs.
REPUBLICAN NATIONAL
COMMITTEE, et al.,
Defendants.
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Case No. SACV 12 00927 DOC
(JPRx)
DEFENDANTS NOTICEREGARDING PLAINTIFFS FIRSTAMENDED COMPLAINT
Date: August 6, 2012
Time: 8:30 a.m.
Dept: Courtroom 9D
Judge: Honorable David O. Carter
Case 8:12-cv-00927-DOC-JPR Document 11 Filed 07/11/12 Page 1 of 4 Page ID #:184
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7/31/2019 Notice to Apply Notice of Motion to FAC - Doc 11.
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Defendants Notice Regarding Plaintiffs First Amended Complaint
TO ALL PLAINTIFFS AND TO THEIR ATTORNEY OF RECORD,
RICHARD C. GILBERT, ESQ. AND THE LAW OFFICES OF GILBERT &
MARLOWE:
Defendants hereby respectfully request that their previously filed Motion to
Dismiss be operative as against Plaintiffs subsequent-filed First Amended
Complaint. Plaintiffs First Amended Complaint raises no new legal theories and
alleges no additional causes of action. Defendants request that this Court proceed
with Defendants Motion to Dismiss presently on file with the Court.
As background, prior to Plaintiffs filing their First Amended Complaint,
Defendants filed and served a Motion to Dismiss pursuant to Federal Rules of Civil
Procedure 12(b)(6), 8(a) and 9(b). Defendants Motion to Dismiss (MTD) was
made on the grounds that:
1. Plaintiffs do not state a plausible claim to relief as required by Fed. R.Civ. P. 8(a) and the Supreme Courts holdings inBell Atlantic Corp. v.
Twombly, 550 U.S. 544, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007), and
Ashcroft v. Iqbal 556 U.S. 662, 129 S. Ct. 1937, 173 L. Ed. 2d 868
(2009).2. To the extent they allege that Defendants engaged in election-related
fraud, Plaintiffs have not even attempted to plead their claims with the
particularity required by Fed. R. Civ. P. 9(b).
3. Beyond failing to meet the pleading requirements of Rules 8(a) and 9(b),Plaintiffs challenges to delegate selection process and outcomes of
delegate elections should be dismissed because these challenges are an
internal party dispute that should be resolved in accordance with the
Republican National Committees established procedures.
4. Plaintiffs are not entitled to have delegates to the Republican NationalConvention unbound and to thereby ignore the results of their states
presidential preference primary elections.
Case 8:12-cv-00927-DOC-JPR Document 11 Filed 07/11/12 Page 2 of 4 Page ID #:185
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7/31/2019 Notice to Apply Notice of Motion to FAC - Doc 11.
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Defendants Notice Regarding Plaintiffs First Amended Complaint
Plaintiffs First Amended Complaint does not raise any new plausible factual
allegations, substantive issues, or legal theories. As a result, Defendants
previously filed Motion to Dismiss may be operative as against Plaintiffs First
Amended Complaint in its entirety.
The Court may thusly proceed with hearing Defendants Motion to Dismiss
as against Plaintiffs First Amended Complaint.
Dated: July 5, 2012 Respectfully Submitted,
BELL, McANDREWS & HILTACK, LLP
By: /s/ Charles H.Bell, Jr. ____CHARLES H. BELL, JR.
Attorney for DefendantsREPUBLICAN NATIONALCOMMITTEE, ET AL.
Case 8:12-cv-00927-DOC-JPR Document 11 Filed 07/11/12 Page 3 of 4 Page ID #:186
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7/31/2019 Notice to Apply Notice of Motion to FAC - Doc 11.
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Proof of Service - Defendants Notice Regarding Plaintiffs First Amended Complaint
PROOF OF SERVICE
I, the undersigned, declare under penalty of perjury that:
I am a citizen of the United States, over the age of 18, and not a party to thewithin cause of action. My business address is 455 Capitol Mall, Suite 600,Sacramento, CA 95814.
On July 11, 2012, I served the following:
DEFENDANTS NOTICE REGARDING PLAINTIFFS FIRSTAMENDED COMPLAINT
on the following party(ies) in said action:
Richard C. Gilbert, Esq.Law Offices of Gilbert & Marlow950 W. 17
thStreet, Suite D
Santa Ana, CA 92706Telephone: (714) 667-1038Email: [email protected]
Plaintiffs
X BY U.S. MAIL: By placing said document(s) in a sealed envelope and
depositing said envelope, with postage thereon fully prepaid, in the United
States Postal Service mailbox in Sacramento, California, addressed to said
party(ies), in the ordinary course of business. I am aware that on motion of
the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in
affidavit.
X BY ELECTRONIC MAIL: By causing true copy(ies) of PDF versions ofsaid document(s) to be sent to the e-mail address of each party listed.
I declare under penalty of perjury under the laws of the State of Californiathat the foregoing is true and correct, and that this declaration was executed on July11, 2012 at Sacramento, California.
/s/ Shannon DiazSHANNON DIAZ
Case 8:12-cv-00927-DOC-JPR Document 11 Filed 07/11/12 Page 4 of 4 Page ID #:187
