12345678910111213141516171819202122232425262728- 3 -to hold the office of President. (
¶¶ 8-9.)Article II § 1 of the United States Constitution requires that the President of theUnited States be a “natural born Citizen.” U.S. Const. art. II, § 1, cl. 4. Plaintiffs allege thatPresident Obama’s father was not a United States citizen when President Obama was bornand therefore that President Obama is not a natural born citizen and is not qualified to beplaced on any ballot for the 2012 presidential election. (SAC ¶¶ 10, 13.)Plaintiffs bring claims for negligent misrepresentation and fraud/intentionalmisrepresentation and seek declaratory and injunctive relief, as well as costs, expenses, andattorney’s fees.
¶¶ 50-65, Prayer for Relief.) Defendants the DNC and CongresswomanWasserman Schultz move to dismiss this case with prejudice pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), and 12(b)(6). (MTD at 1.)
They also move for sanctionspursuant to Federal Rule of Civil Procedure 11 and 28 U.S.C. § 1927, arguing that Plaintiffs’counsel should be sanctioned (1) for pursuing a legal theory that has been routinely rejectedand (2) for naming
Democratic Party USA as a defendant, as it is “a sham organizationwith no affiliation with the DNC or the Democratic Party.” (Mot. for Sanctions at 1.)
II.LEGAL STANDARDS AND ANALYSISA.Motion to Dismiss
Defendants bring several jurisdictional challenges to Plaintiffs’ suit, asserting thatPlaintiffs lack standing, that the dispute is not ripe, and that the Court does not have personal jurisdiction over the DNC and Congresswoman Wasserman Schultz. (MTD at 5-11.) “Thevalidity of an order of a federal court depends upon that court’s having jurisdiction over boththe subject matter and the parties.”
Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxites deGuinee
, 456 U.S. 694, 701 (1982). Personal jurisdiction “is an essential element of the jurisdiction of a district . . . court, without which the court is powerless to proceed to anadjudication.”
AG v Marathon Oil Co.
, 526 U.S. 574, 584 (1999) (quotationsomitted). Where personal jurisdiction is more easily resolved than subject matter jurisdiction,the Court may address that first.
, 526 U.S. at 588;
Bauman v. DaimlerChrysler Corp.
, 644 F.3d 909, 919 (9th Cir. 2011).
Case 2:11-cv-02089-SRB Document 41 Filed 07/11/12 Page 3 of 15