24th LDC Notice of Appeal

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF VIRGINIA Harrisonburg Division KENNETH H. ADAMS, individually and as Chairman of the 24 th Senatorial District Republican Committee and 24TH SENATORIAL DISTRICT REPUBLICAN COMMITTEE Plaintiffs v. Case No.: 5:15CV00012 JAMES B. ALCORN, et al. Defendants NOTICE OF APPEAL Notice is hereby given that Kenneth H. Adams, individually and as chairman of the 24 th Senatorial District Republican Committee, and the 24 th Senatorial District Republican Committee, Plaintiffs in the above-named case, hereby appeal to the United States Court of Appeals for the Fourth Circuit from that portion of the Final Order and Judgment entered in this action on the 2 nd Day of April, 2015 granting Defendants’ motions to dismiss for lack of jurisdiction. [Dkt. No. 58, ¶ 1]. Respectfully Submitted, KENNETH H. ADAMS, individually and as Chairman of the 24 th Senatorial District Republican Committee 24TH SENATORIAL DISTRICT REPUBLICAN COMMITTEE By Counsel Case 5:15-cv-00012-EKD Document 60 Filed 05/01/15 Page 1 of 3 Pageid#: 1006

description

Appeal of dismissal of Incumbent Protection Act suit

Transcript of 24th LDC Notice of Appeal

Page 1: 24th LDC Notice of Appeal

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF VIRGINIA

Harrisonburg Division

KENNETH H. ADAMS, individually and as Chairman of the

24th

Senatorial District Republican Committee

and

24TH SENATORIAL DISTRICT REPUBLICAN COMMITTEE

Plaintiffs

v. Case No.: 5:15CV00012

JAMES B. ALCORN, et al.

Defendants

NOTICE OF APPEAL

Notice is hereby given that Kenneth H. Adams, individually and as chairman of the 24th

Senatorial District Republican Committee, and the 24th

Senatorial District Republican

Committee, Plaintiffs in the above-named case, hereby appeal to the United States Court of

Appeals for the Fourth Circuit from that portion of the Final Order and Judgment entered in this

action on the 2nd

Day of April, 2015 granting Defendants’ motions to dismiss for lack of

jurisdiction. [Dkt. No. 58, ¶ 1].

Respectfully Submitted,

KENNETH H. ADAMS, individually and as

Chairman of the 24th

Senatorial District Republican

Committee

24TH SENATORIAL DISTRICT

REPUBLICAN COMMITTEE

By Counsel

Case 5:15-cv-00012-EKD Document 60 Filed 05/01/15 Page 1 of 3 Pageid#: 1006

Page 2: 24th LDC Notice of Appeal

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s/ Thomas E. Ullrich

Thomas E. Ullrich (VSB No. 28737)

Jeffrey R. Adams (VSB No. 43411)

WHARTON, ALDHIZER & WEAVER, PLC

125 S. Augusta St.

Staunton, VA 24401

Telephone: 540-885-0199

Facsimile: 540-213-0390

Email: [email protected]

Email: [email protected]

And

John C. Wirth (VSB No. 37334)

NELSON, MCPHERSON, SUMMERS & SANTOS, L.C.

12 N. New St.

Staunton, VA 24401

Telephone: 540-885-0346

Facsimile: 540-885-2039

Email: [email protected]

Counsel for Plaintiffs

Case 5:15-cv-00012-EKD Document 60 Filed 05/01/15 Page 2 of 3 Pageid#: 1007

Page 3: 24th LDC Notice of Appeal

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CERTIFICATE OF SERVICE

I hereby certify that on May 1, 2015, I electronically filed the foregoing Notice of Appeal

with the Clerk of the District Court with the Clerk of the District Court using the EM/ECF

system, which sent notice of such filing to:

Joshua D. Heslinga, Esq.

Office of the Attorney General - Richmond

900 East Main St. #3028

Richmond, VA 23219

Attorney for Defendants

Richard Dean Boyer, Esq.

Boyer Law Firm, PLLC

P.O. Box 10963

Lynchburg, VA 24506

Attorney for Intervenor Plaintiff

Christopher Barrett Ashby

Ashby Law PLLC

717 Princess Street

Alexandria, VA 22314

Attorney for Intervenor Defendant

s/ Jeffrey R. Adams

Counsel for Plaintiffs

S1500986

Case 5:15-cv-00012-EKD Document 60 Filed 05/01/15 Page 3 of 3 Pageid#: 1008