Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA EUGENE MARTIN LAVERGNE, et al., ) ) Plaintiffs, ) ) Case No. 1:17-cv-793-CKK-CP-RDM vs. ) ) UNITED STATES HOUSE OF ) REPRESENTATIVES, et al., ) ) Defendants. ) MULTI-STATE DEFENDANTS’ NOTICE OF JOINDER IN IDAHO DEFENDANTS’ MOTION FOR RULE 16 SCHEDULING CONFERENCE AND STAY OF DUTY TO FILE A RESPONSIVE PLEADING OR RULE 12(b) MOTION AND MEMORANDUM IN SUPPORT The Defendants identified below (collectively, the Multi-State Defendants) respectfully provide notice to the Court and parties that they join in the Idaho Defendants’ Motion for Rule 16 Scheduling Conference and Stay of Duty to File a Responsive Pleading or Rule 12(b) Motion. ECF No. 24. Defendants joining this Motion are: From the State of Alabama: Attorney General Steve Marshall and Secretary of State John H. Merrill; From the State of Iowa: Governor Terry Branstad; Attorney General Tom Miller, Secretary of State Paul D. Pate, the Iowa State Senate, and the Iowa State House of Representatives; Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 2 of 6 From the Commonwealth of Massachusetts: Governor Charles Baker, Attorney General Maura Healey, Secretary of the Commonwealth William Galvin, the Massachusetts Senate, and the Massachusetts House of Representatives; From the State of Nevada: Governor Brian Sandoval, Attorney General Adam P. Laxalt, Secretary of State Barbara K. Cegavske, Nevada State Senate, and Nevada State House of Representatives; From the State of Ohio: Governor John Kasich, Attorney General Mike DeWine, Secretary of State Jon Husted, the Ohio State Senate, and the Ohio House of Representatives; From the State of Rhode Island: Governor Gina M. Raimondo, Attorney General Peter F. Kilmartin, Secretary of State Nellie M. Gorbea, the Rhode Island Senate, and the Rhode Island House of Representatives; From the State of South Carolina: Governor Henry McMaster, Attorney General Alan Wilson, Secretary of State Mark Hammond, the South Carolina State Senate, and the South Carolina State House of Representatives; From the State of Texas: Governor Greg Abbott, Attorney General Ken Paxton, Secretary of State Rolando Pablos, the Texas State Senate, and the Texas State House of Representatives; From the Commonwealth of Virginia: Governor Terence R. McAuliffe, Attorney General Mark R. Herring, and Secretary of the Commonwealth Kelly Thomasson; From the State of Washington: Governor Jay Inslee, Attorney General Robert W. Ferguson, Secretary of State Kim Wyman, the Washington State Senate, and the Washington State House of Representatives. 2 Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 3 of 6 The Idaho Defendants’ motion is based upon good cause. In addition to the reasons offered by the Idaho Defendants, this Court should take notice of its Rule 4(m) Order entered on July 17, 2017. ECF No. 11. That order directed the Plaintiffs to “either cause process to be served upon Defendants and proof of service to be filed with the Court or establish good cause for the failure to do so.” Id. This Court set a deadline of July 27, 2017, for doing so, but to date the Plaintiffs have not complied except by filing copies of waiver of service forms. ECF No. 21. This Court therefore could dismiss this case outright based upon Plaintiffs’ failure to fully comply with its order. ECF No. 11. As the Idaho Defendants articulated in their supporting memorandum, ECF No. 24-1, the grounds for granting the relief requested in their motion include (1) the presence of five pro se plaintiffs; (2) the presence of 591 federal and state government officials and 99 state legislative bodies as defendants; (3) plaintiffs’ failure, to the Defendants’ knowledge, to effect service of process or its waiver except for a limited group of States; (4) personal and multiple subject-matter jurisdiction issues in whole or part common to all state defendants; and (5) the convening of a three-judge court pursuant to 28 U.S.C. § 2284 and the accompanying value of resolving this case with a minimum expenditure of the panel’s time. The Idaho Defendants have expanded on these reasons through arguments that need not be repeated here. ECF No. 24-1. This Court’s and the parties’ resources are best conserved through convening a Rule 16 conference upon completion of service of process to establish a coordinated briefing schedule that allows defenses to be presented and resolved at the outset with a minimum of duplicative briefing. The Multi-State Defendants’ current filing deadline for a responsive pleading or Rule 12(b) motion, August 14, 2017, therefore should be stayed. If this Court denies the Idaho Defendants’ motion, the Multi-State Defendants request a 20-day period from the entry of such denial within 3 Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 4 of 6 which to file a responsive pleading or a Rule 12(b) motion. ECF No. 24. The Multi-State defendants are authorized to represent that the Vermont Defendants are also in full agreement with Idaho’s motion. The Idaho Defendants’ motion states the position of Plaintiffs as we understand it. For the foregoing reasons, the Multi-State Defendants join in the Idaho Defendants’ motion and request that the motion be granted. DATED this 4th day of August 2017. ROBERT W. FERGUSON MIKE DEWINE Attorney General of Washington Attorney General of Ohio s/ Jeffrey T. Even s/ Heather L. Buchanan JEFFREY T. EVEN HEATHER L. BUCHANAN Deputy Solicitor General Senior Assistant Attorney General [email protected] STEVEN T. VOIGT Principal Assistant Attorney General Counsel for Defendants Governor Jay [email protected] Inslee, Attorney General Robert W. [email protected] Ferguson, Secretary of State Kim Wyman, the Washington State Senate, and the Counsel for Defendants Governor John Washington State House of Kasich, Attorney General Mike DeWine, Representatives Secretary of State Jon Husted, the Ohio State Senate and the Ohio House of Representatives STEVE MARSHALL PETER F. KILMARTIN Attorney General of Alabama Attorney General of Rhode Island s/Winfield J. Sinclair s/ Michael W. Field WINFIELD J. SINCLAIR MICHAEL W. FIELD Assistant Attorney General Assistant Attorney General [email protected] [email protected] Counsel for Attorney General Steve Counsel for Defendants Governor Gina M. Marshall and Secretary of State John H. Raimondo, Attorney General Peter F. Merrill Kilmartin, Secretary of State Nellie M. Gorbea, the Rhode Island Senate, and the Rhode Island House of Representatives. 4 Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 5 of 6 THOMAS J.MILLER ALAN WILSON Attorney General of Iowa Attorney General of South Carolina s/ Layne M. Lindebak s/ J. Emory Smith, Jr. LAYNE M. LINDEBAK J. EMORY SMITH, JR. Assistant Attorney General Deputy Solicitor General [email protected] [email protected] Counsel for Defendants Governor Terry Counsel for South Carolina Defendants Branstad; Attorney General Tom Miller, Governor Henry McMaster, Attorney Secretary of State Paul D. Pate, the Iowa General Alan Wilson, Secretary of State State Senate, and the Iowa State House of Mark Hammond, South Carolina State Representatives; Senate, and South Carolina State House of Representatives MAURA HEALEY KEN PAXTON Attorney General of Massachusetts Attorney General of Texas /s Cassandra Bolanos s/ Christine M.H. Smith CASSANDRA BOLANOS CHRISTINE M.H. SMITH Assistant Attorney General Assistant Attorney General [email protected] [email protected] Counsel for Massachusetts Counsel for Defendants Governor Greg Defendants: Governor Charles Baker, Abbott, Attorney General Ken Paxton, Attorney General Maura Healey, Secretary Secretary of State Rolando Pablos, the of the Commonwealth William Galvin, the Texas State Senate, and the Texas State Massachusetts Senate, and the House of Representatives Massachusetts House of Representatives ADAM PAUL LAXALT MARK R. HERRING Attorney General of Nevada Attorney General of Virginia s/ C. Wayne Howle s/ Samuel T. Towell C. WAYNE HOWLE SAMUEL T. TOWELL Chief Deputy Attorney General Deputy Attorney General, Civil Litigation [email protected] Adam J. Yost Assistant Attorney General Counsel for Defendants Governor Brian [email protected] Sandoval, Attorney General Adam P. [email protected] Laxalt, Secretary of State Barbara K. Cegavske, Nevada State Senate, and Counsel for Defendants Governor Terence Nevada State House of Representatives R. McAuliffe, Secretary of the Commonwealth Kelly Thomasson, and Attorney General Mark R. Herring 5 Case 1:17-cv-00793-CKK-CP-RDM Document 28 Filed 08/04/17 Page 6 of 6 CERTIFICATE OF SERVICE I hereby certify, under penalty of perjury, that I electronically filed a true and correct copy of the foregoing document with the Clerk of the Court of the United States District Court for the District of Columbia by using the CM/ECF system which will send notification of the filing to the following: Christine M. H. Smith Heather L. Buchananm and Steven T. Voigt Texa Attorney General’s Office Ohio Attorney General's Office Christine.Smith @oag.texas.gov [email protected] [email protected] Layne M. Lindebak Clay R. Smith Iowa Department of Justice Idaho Attorney General’s Office [email protected] [email protected] Adam J. Yost and Samuel T. Towell Cassandra Bolanos Virginia Attorney General’s Office Massachusetts Attorney General’s Office [email protected] [email protected] [email protected] C. Wayne Howle Michael W. Field Nevada Attorney General’s Office Rhode Island Attorney General’s Office [email protected] [email protected] Winfield J. Sinclair J. Emory Smith, Jr.