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3:14-cv-00057 #28

3:14-cv-00057 #28

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Published by Equality Case Files
Doc 28 - State Defendants' Motion to Dismiss
Doc 28 - State Defendants' Motion to Dismiss

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Published by: Equality Case Files on Jul 02, 2014
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07/10/2014

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UNITED STATES DISTRICT COURT DISTRICT OF NORTH DAKOTA Ron Ramsay and Peter Vandervort; ) Celeste and Amber Carlson Allebach; ) Brock Dahl and Austin Lang; Michelle ) Harmon and Joy Haarstick; Bernie ) Erickson and David Hamilton; Matthew ) Lee Elmore and Beau Thomas Downey; ) and Stephanie and Siana Bock, ) ) Plaintiffs, )
MOTION TO DISMISS
 ) v. )
Case No. 3:14-CV-57
 )
 
Jack Dalrymple, in his official capacity ) as Governor; Wayne Stenehjem, in his ) official capacity as Attorney General; ) Ryan Rauschenberger, in his official ) capacity as State Tax Commissioner; ) Terry Dwelle, in his official capacity as ) State Health Officer; and Charlotte ) Sandvik, in her official capacity as Cass ) County Treasurer, ) ) Defendants. ) ..................................................................................................................................................... Defendants Jack Dalrymple, in his official capacity as Governor, Wayne Stenehjem, in his official capacity as Attorney General, Ryan Rauschenberger, in his official capacity as Tax Commissioner, and Terry Dwelle, in his official capacity as State Health Officer (collectively “State Defendants”), move the Court under Fed. R. Civ. P. 12 for an order dismissing Plaintiffs’ First Amended Complaint for Permanent and Injunction and Declaratory Relief (Complaint). This motion is made to assist the Court in securing “the  just, speedy, and inexpensive determination” of this action. Fed. R. Civ. P. 1. This motion is supported by the attached memorandum and all documents on file with this Court and is made on the ground the Complaint fails to state a claim upon which relief can be granted. State Defendants request that this Court grant their Motion to Dismiss and dismiss Plaintiff’s Complaint with prejudice.
Case 3:14-cv-00057-KKK Document 28 Filed 07/01/14 Page 1 of 3
 
 
2 Dated this 1
st
 day of July, 2014. State of North Dakota Wayne Stenehjem Attorney General By: /s/ Douglas A. Bahr Douglas A. Bahr Solicitor General State Bar ID No. 04940 Office of Attorney General 500 North 9
th
 Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Email dbahr@nd.gov Attorneys for Defendants Jack Dalrymple, in his official capacity as Governor, Wayne Stenehjem, in his official capacity as Attorney General, Ryan Rauschenberger, in his official capacity as Tax Commissioner, and Terry Dwelle, in his official capacity as State Health Officer.
e:\dixie\cl\bahr\briefs\constitution.brf\ramsay\pleadings\motion to dismiss.docx
Case 3:14-cv-00057-KKK Document 28 Filed 07/01/14 Page 2 of 3

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