Case 8:12-cv-00927-DOC-JPR Document 7

Filed 07/05/12 Page 1 of 4 Page ID #:134

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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) NOTICE OF MOTION AND MOTION OF ALL DEFENDANTS TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 8(A), 9(B) AND 12(B)(6) Date: August 6, 2012 Time: 8:30 a.m. Dept: Courtroom 9D Judge: Honorable David O. Carter

Notice of Motion and Motion to Dismiss Complaint

Case 8:12-cv-00927-DOC-JPR Document 7

Filed 07/05/12 Page 2 of 4 Page ID #:135

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TO ALL PLAINTIFFS AND TO THEIR ATTORNEY OF RECORD, RICHARD C. GILBERT, ESQ. AND THE LAW OFFICES OF GILBERT & MARLOWE: PLEASE TAKE NOTICE that on August 6, 2012, at 8:30 a.m., or as soon thereafter as counsel may be heard by the above-entitled Court, located in Courtroom 9D at 411 West Fourth Street, Santa Ana, California 92701, the Honorable David C. OBrien presiding, Defendants will and hereby do move the Court for an order dismissing, with prejudice, Plaintiffs Complaint. This Motion to dismiss is made pursuant to Federal Rules of Civil Procedure 12(b)(6), 8(a) and 9(b) on the grounds that: 1. Plaintiffs to 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 the delegate selection process 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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Notice of Motion and Motion to Dismiss Complaint

Case 8:12-cv-00927-DOC-JPR Document 7

Filed 07/05/12 Page 3 of 4 Page ID #:136

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This Motion is made following a conference of counsel pursuant to Local Rule 7-3 which took place by letter exchange on July 2 and 3, 2012 at the insistence of Plaintiffs counsel that it be conducted in writing and his refusal to talk to Defendants counsel by telephone. On July 3, 2012, Plaintiffs counsel made clear his opposition to any extensions of time and any delay in moving the case forward and his opposition to resolving the matter short of a hearing. Defendants therefore file this motion today in order to avoid any potential allegation that the Motion is untimely. Copies of all correspondence constituting the conference of counsel regarding this Motion are attached to this Notice of Motion and Motion as Attachment A. This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of Points and Authorities, the complete files and records in this action, and such oral and documentary argument as be present before or during the hearing of this Motion. 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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Notice of Motion and Motion to Dismiss Complaint

Case 8:12-cv-00927-DOC-JPR Document 7

Filed 07/05/12 Page 4 of 4 Page ID #:137

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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 5, 2012, I served the following: NOTICE OF MOTION AND MOTION OF ALL DEFENDANTS TO DISMISS COMPLAINT PURSUANT TO FED. R. CIV. P. 8(A), 9(B) AND 12(B)(6) on the following party(ies) in said action: 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 5, 2012 at Sacramento, California. /s/ Shannon Diaz SHANNON DIAZ

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Proof of Service - Notice of Motion and Motion to Dismiss Complaint