Case 8:12-cv-00927-DOC-JPR Document 11

Filed 07/11/12 Page 1 of 4 Page ID #:184

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Charles H. Bell, Jr. (Cal. Bar No. 060553) Brian T. Hildreth (Cal. Bar No. 214131) Bell, McAndrews, & Hiltachk, LLP 455 Capitol Mall, Suite 600 Sacramento, CA 95814 Telephone: (916) 442-7757 Facsimile: (916) 442-7759 Attorneys for Defendants, REPUBLICAN NATIONAL COMMITTEE,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. ) ) ) ) )

Case No. SACV 12 00927 DOC (JPRx) DEFENDANTS NOTICE REGARDING PLAINTIFFS FIRST AMENDED COMPLAINT Date: August 6, 2012 Time: 8:30 a.m. Dept: Courtroom 9D Judge: Honorable David O. Carter

Defendants Notice Regarding Plaintiffs First Amended Complaint

Case 8:12-cv-00927-DOC-JPR Document 11

Filed 07/11/12 Page 2 of 4 Page ID #:185

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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 in Bell 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 National Convention unbound and to thereby ignore the results of their states presidential preference primary elections.
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Defendants Notice Regarding Plaintiffs First Amended Complaint

Case 8:12-cv-00927-DOC-JPR Document 11

Filed 07/11/12 Page 3 of 4 Page ID #:186

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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 Defendants REPUBLICAN NATIONAL COMMITTEE, ET AL.

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Defendants Notice Regarding Plaintiffs First Amended Complaint

Case 8:12-cv-00927-DOC-JPR Document 11

Filed 07/11/12 Page 4 of 4 Page ID #:187

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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 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 FIRST AMENDED COMPLAINT on the following party(ies) in said action:

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Proof of Service - Defendants Notice Regarding Plaintiffs First Amended Complaint

Richard C. Gilbert, Esq. Plaintiffs Law Offices of Gilbert & Marlow 950 W. 17th Street, Suite D Santa Ana, CA 92706 Telephone: (714) 667-1038 Email: richardsocal714@aol.com 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. BY ELECTRONIC MAIL: By causing true copy(ies) of PDF versions of said 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 California that the foregoing is true and correct, and that this declaration was executed on July 11, 2012 at Sacramento, California. /s/ Shannon Diaz SHANNON DIAZ