7/31/2019 RNC Opp. to Motion to Intervene - Doc. 6

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RESPONSE TO PLAINTIFFS EX PARTE NOTICE / MOTION TO INTERVENE

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 DIVISIONRONALD 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 1200927 DOC

(JPRx)

DEFENDANTS REPUBLICAN

NATIONAL COMMITTEE, ET AL.SRESPONSE TO PLAINTIFFS EX

PARTE APPLICATION / MOTIONTO INTERVENE

Date: n/a

Time: 10:30 a.m.

Dept: Courtroom 6A

Judge: Jean P. Rosenbluth

Case 8:12-cv-00927-DOC-JPR Document 6 Filed 07/05/12 Page 1 of 4 Page ID #:130

7/31/2019 RNC Opp. to Motion to Intervene - Doc. 6

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RESPONSE TO PLAINTIFFS EX PARTE NOTICE / MOTION TO INTERVENE

Defendants hereby notify this Court that they do not oppose Plaintiffs Ex Parte

Application / Motion to Intervene to the extent it seeks to add dozens of new people

to this lawsuit as plaintiffs. The Ninth Circuit adjudicates motions based on their

substance, rather than their heading or title. SeePrudential Real Estate Affiliates,

Inc. v. PPR Realty, Inc., 204 F.3d 867, 880 (9th Cir. 2000) ([T]he label attached to

a motion does not control its substance.); United States v. Sanger 24 Spectra

Boat, 738 F.2d 1043, 1046 (9th Cir. 1984) (holding that a court will construe a

motion, however styled, to be the type proper for the relief requested).

Here, Plaintiffs counsel seeks to add dozens of additional plaintiffs, whom

he represents, to the complaint, in order to join in the existing causes of action

against Defendants. The proper way for Plaintiffs counsel to include additional

parties who he represents as plaintiffs would have been to file an amended

complaint. See, e.g., Thomas v. United States, No. 10-CV-555 (BEN) (JMA), 2011

U.S. Dist. LEXIS 52464, at *5 (S.D. Cal. May 17, 2011) (granting leave for

plaintiffs to file an amended complaint adding the new Plaintiffs); Leong v

Square Enix of Am. Holdings, Inc., No. CV 09-4484 (PSG) (VBKx), 2010 U.S

Dist. LEXIS 47296, at *5 (C.D. Cal. Apr. 20, 2010) (noting that the plaintiff filed

a Second Amended Complaint against Defendants, joining additional Plaintiffs);

Cota v. Maxwell-Jolly, 688 F. Supp. 2d 980, 990 (N.D. Cal. 2010) (same).

Because Defendants had not filed a responsive pleading as of the date

Plaintiffs counsel filed his Application / Motion to Intervene, he would have been

Case 8:12-cv-00927-DOC-JPR Document 6 Filed 07/05/12 Page 2 of 4 Page ID #:131

7/31/2019 RNC Opp. to Motion to Intervene - Doc. 6

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RESPONSE TO PLAINTIFFS EX PARTE NOTICE / MOTION TO INTERVENE

entitled to file an Amended Complaint as of right at that time. See Fed. R. Civ. P

15(a)(1). Consequently, Defendants would not object to this Court treating the

Motion to Intervene as a request to file an Amended Complaint adding the named

individuals as additional plaintiffs, and allowing the individuals named in the

Motion to join this lawsuit as Plaintiffs on that basis. Should Plaintiffs counsel

wish to make additional amendments to his Complaint at a later timeincluding

the addition of still further plaintiffshe should be required to seek leave of court

under Fed. R. Civ. P. 15(a)(2).

Dated: July 5, 2012 Respectfully submitted,

BELL, McANDREWS & HILTACK, LLP

By: /s/ Charles H.Bell, Jr.

CHARLES H. BELL, JR.

Attorney for DefendantsREPUBLICAN NATIONAL COMMITTEE,ET AL.

Case 8:12-cv-00927-DOC-JPR Document 6 Filed 07/05/12 Page 3 of 4 Page ID #:132

7/31/2019 RNC Opp. to Motion to Intervene - Doc. 6

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PROOF OF SERVICERESPONSE TO PLAINTIFFS EX PARTE / MOTION TO INTERVENE

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 the within causeof action. My business address is 455 Capitol Mall, Suite 600, Sacramento, CA 95814.

On July 5, 2012, I served the following:

DEFENDANTS REPUBLICAN NATIONAL COMMITTEE, ET AL.S RESPONSE TOPLAINTIFFS EX PARTE APPLICATION / MOTION TO INTERVENE

on the following party(ies) in said action:

Richard C. Gilbert, Esq.Law Offices of Gilbert & Marlowe950 W. 17

thStreet, Suite D

Santa Ana, CA 92706Telephone: (714) 667-1038

Email: richardsocal714@aol.com

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 businessI 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.

I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct, and that this declaration was executed on July 5, 2012 at

Sacramento, California.

/s/ Shannon DiazSHANNON DIAZ

Case 8:12-cv-00927-DOC-JPR Document 6 Filed 07/05/12 Page 4 of 4 Page ID #:133