Case 2:18-cv-01316 Document 134 Filed 10/26/18 Page 1 of 5 PageID #: 600

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
at Charleston
ROBIN JEAN DAVIS,
Plaintiff,
v.

Civil Action No. 2:18-cv-01316
(Chief Judge Thomas E. Johnston)

JIM JUSTICE, Governor; ROGER HANSHAW,
Speaker of the West Virginia House of Delegates;
JOHN OVERINGTON, Speaker Pro Tempore of
the West Virginia House of Delegates; DARYL
COWLES, Majority Leader of the West Virginia
House of Delegates; CHANDA ADKINS,
GEORGE AMBLER, WILLIAM ANDERSON,
MARTIN ATKINSON III, SAIRA BLAIR,
BRENT BOGGS, JIM BUTLER, MOORE
CAPITO, ROY COOPER, VERNON CRISS,
MARK
DEAN,
FRANK
DEEM,
JOE
ELLINGTON, PAUL ESPINOSA, ALLEN V.
EVANS, ED EVANS, TOM FAST, MICHAEL
FOLK, GEOFF FOSTER, CINDY FRICH,
MARTY GEARHEART, DIANNA GRAVES,
BILL HAMILTON, DANNY HAMRICK,
JASON HARSHBARGER, KENNETH HICKS,
JOSHUA HIGGINBOTHAM, JORDAN HILL,
RAY HOLLEN, ERIC L. HOUSEHOLDER,
GARY G. HOWELL, D. ROLLAND JENNINGS,
JOHN R. KELLY, KAYLA KESSINGER,
CHARLOTTE LANE, DANIEL LINVILLE,
SHARON
LEWIS
MALCOLM,
JUSTIN
MARCUM, PATRICK MARTIN, ZACK
MAYNARD, PAT MCGEEHAN, CAROL
MILLER, RILEY MOORE, ERIC NELSON,
JEFFREY PACK, TONY PAYNTER, RODNEY
A.
PYLES,
BEN
QUEEN,
RALPH
RODIGHIERO, MATTHEW ROHRBACH,
WILLIAM R. ROMINE, RUTH ROWAN, JOHN
SHOTT, KELLI SOBONYA, JOE STATLER,
AMY SUMMERS, TERRI SYPOLT, JILL
UPSON, DANNY WAGNER, GUY WARD,
STEVE WESTFALL, BRAD WHITE, S.

 Case 2:18-cv-01316 Document 134 Filed 10/26/18 Page 2 of 5 PageID #: 601

MARSHALL WILSON, MARK ZATEZALO,
members of the West Virginia House of Delegates;
STEVE HARRISON, Clerk of the West Virginia
House of Delegates; RYAN FERNS, Majority
Leader of the West Virginia Senate; MIKE
AZINGER, ROBERT D. BEACH, CRAIG
BLAIR,
GREG
BOSO,
CHARLES
H.
CLEMENTS, SUE CLINE, ROBERT L.
KARNES, KENNY MANN, MIKE MARONEY,
MARK R. MAYNARD, RICHARD OJEDA,
PATRICIA RUCKER, RANDY SMITH, DAVE
SYPOLT, TOM TAKUBO, JOHN R. UNGER II,
RYAN WELD, MIKE WOELFEL, members of
the West Virginia Senate; LEE CASSIS, Clerk of
the West Virginia Senate,
Defendants.
_____________________________
JOINT STIPULATION OF EXTENSION OF
TIME TO FILE RESPONSIVE PLEADING
_____________________________
The Legislative Defendants1 and Plaintiff Robin Jean Davis, each by their respective
counsel, jointly stipulate, in light of ongoing (and/or potential) proceedings in various State
forums, that the time for the Legislative Defendants to file an answer or other responsive
pleading in this case be extended. The parties jointly recognize the following:
1. Plaintiff initiated by filing a complaint on September 26, 2018. (ECF 1).
2. The Federal Rule of Civil Procedures require the Legislative Defendants to file an
answer or other responsive pleading “21 days after being served with the summons
and complaint.” Fed. R. Civ. P. 12(a)(1)(A).
3. Service on the Legislative Defendants was effectuated on October 11, 2018. (ECF
117, 118).

1

All defendants named in this suit except Governor Justice.

 Case 2:18-cv-01316 Document 134 Filed 10/26/18 Page 3 of 5 PageID #: 602

4. Accordingly, the current deadline for the Legislative Defendants to file an answer or
other responsive pleading is October 31, 2018. Id.
5. Proceedings currently ongoing (or that may soon be initiated) in the Supreme Court
of Appeals of West Virginia and/or the West Virginia Legislature have the potential
to significantly impact the resolution of the legal issues presented in this case.
6. The parties remain in agreement, as represented to the Court during the October 15,
2018 telephonic status conference, see (ECF 130), and in light of the general
continuance issued by the presiding officer of the underlying Court of Impeachment,
that there is no immediate need for this litigation to proceed until further clarity
emerges from an appropriate State body.
WHEREFORE, the parties jointly stipulate that the Legislative Defendant’s time to file an
answer or other responsive pleading be extended until December 10, 2018. The parties also
stipulate that Plaintiff shall have until January 18, 2019, to file a response to the Legislative
Defendant’s answer or responsive pleading. Should further developments in a State forum
warrant alteration of this stipulation, the parties each reserve the right to ask this Court to modify
the stipulation for good cause.
Respectfully submitted,

ROBIN JEAN DAVIS

THE LEGISLATIVE DEFENDANTS

/s/ Lonnie C. Simmons____________
Lonnie C. Simmons (WVSB #3406)
J. Timothy DiPiero (WVSB #1021)
DITRAPANO, BARRETT, DIPIERO,
MCGINLEY & SIMMONS, PLLC
P.O. Box 1631
Charleston, West Virginia 25326
(304) 342-0133
tim.dipiero@dbdlawfirm.com

PATRICK MORRISEY
ATTORNEY GENERAL
[/s] Zachary Aaron Viglianco

ZACHARY AARON VIGLIANCO
ASSISTANT ATTORNEY GENERAL
Office of the West Virginia Attorney General
State Capitol Complex
Building 1, Room E-26

 Case 2:18-cv-01316 Document 134 Filed 10/26/18 Page 4 of 5 PageID #: 603

lonnie.simmons@dbdlawfirm.com

Counsel for Plaintiff

Charleston, WV 25305
Telephone: (304) 558-2021
WV State Bar ID# 12579
Email: zav@wvago.gov
Counsel for the Legislative Defendants

 Case 2:18-cv-01316 Document 134 Filed 10/26/18 Page 5 of 5 PageID #: 604

CERTIFICATE OF SERVICE
I, [insert name], do hereby certify that on October 26, 2018, I caused a true copy of the
foregoing “JOINT STIPULATION OF EXTENSION OF TIME TO FILE RESPONSIVE
PLEADING ” to be served on the Clerk of Court and all parties electronically via the CM/ECF
system.

/s/ Zachary Aaron Viglianco
ZACHARY AARON VIGLIANCO
ASSISTANT ATTORNEY GENRAL
Office of the West Virginia Attorney General
State Capitol Complex
Building 1, Room E-36
Charleston, WV 25301
Telephone: (304) 558-2021
WV State Bar ID# 12579
Email: zav@wvago.gov
Counsel for the State of West Virginia