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UNITED STATES DISTRICT COURT

DISTRICT OF NORTH DAKOTA




Ron Ramsay and Peter Vandervort; )
Celeste and Amber Carlson Allebach; )
Brock Dahl and Austin Lang; Michelle )
Harmon and Joy Haarstick; Bernie )
Erickson and David Hamilton; Matthew )
Lee Elmore and Beau Thomas Downey; )
and Stephanie and Siana Bock, )
)
Plaintiffs, ) MOTION TO DISMISS
)
v. ) Case No. 3:14-CV-57
)
Jack Dalrymple, in his official capacity )
as Governor; Wayne Stenehjem, in his )
official capacity as Attorney General; )
Ryan Rauschenberger, in his official )
capacity as State Tax Commissioner; )
Terry Dwelle, in his official capacity as )
State Health Officer; and Charlotte )
Sandvik, in her official capacity as Cass )
County Treasurer, )
)
Defendants. )
.....................................................................................................................................................

Defendants Jack Dalrymple, in his official capacity as Governor, Wayne Stenehjem,
in his official capacity as Attorney General, Ryan Rauschenberger, in his official capacity
as Tax Commissioner, and Terry Dwelle, in his official capacity as State Health Officer
(collectively State Defendants), move the Court under Fed. R. Civ. P. 12 for an order
dismissing Plaintiffs First Amended Complaint for Permanent and Injunction and
Declaratory Relief (Complaint). This motion is made to assist the Court in securing the
just, speedy, and inexpensive determination of this action. Fed. R. Civ. P. 1. This motion
is supported by the attached memorandum and all documents on file with this Court and is
made on the ground the Complaint fails to state a claim upon which relief can be granted.
State Defendants request that this Court grant their Motion to Dismiss and dismiss
Plaintiffs Complaint with prejudice.

Case 3:14-cv-00057-KKK Document 28 Filed 07/01/14 Page 1 of 3
2
Dated this 1
st
day of July, 2014.

State of North Dakota
Wayne Stenehjem
Attorney General

By: /s/ Douglas A. Bahr
Douglas A. Bahr
Solicitor General
State Bar ID No. 04940
Office of Attorney General
500 North 9
th
Street
Bismarck, ND 58501-4509
Telephone (701) 328-3640
Facsimile (701) 328-4300
Email dbahr@nd.gov

Attorneys for Defendants Jack Dalrymple, in his
official capacity as Governor, Wayne Stenehjem,
in his official capacity as Attorney General, Ryan
Rauschenberger, in his official capacity as Tax
Commissioner, and Terry Dwelle, in his official
capacity as State Health Officer.

e:\dixie\cl\bahr\briefs\constitution.brf\ramsay\pleadings\motion to dismiss.docx


Case 3:14-cv-00057-KKK Document 28 Filed 07/01/14 Page 2 of 3

CERTIFICATE OF SERVICE
Case No. 3:14-CV-57
I hereby certify that on July 1, 2014, the following document: MOTION TO
DISMISS was filed electronically with the Clerk of Court through ECF, and that ECF will
send a Notice of Electronic Filing (NEF) to Joshua Newville, Tom Fiebiger, and Scott
Porsborg.

/s/ Douglas A. Bahr
Douglas A. Bahr
Solicitor General
State Bar ID No. 04940
Email dbahr@nd.gov

e:\dixie\cl\bahr\briefs\constitution.brf\ramsay\pleadings\motion to dismiss.docx
Case 3:14-cv-00057-KKK Document 28 Filed 07/01/14 Page 3 of 3

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