Case 2:11-cv-02089-SRB Document 31-1 Filed 05/23/12 Page 1 of 2

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

LIBERTY LEGAL FOUNDATION; JOHN DUMMETT; LEONARD VOLODARSKY; CREG MARONEY,

Plaintiffs

NATIONAL DEMOCRATIC PARTY of the USA, Inc.; DEMOCRATIC NATIONAL COMMITTEE; DEBBIE WASSERMAN SCHULTZ,

1, John Dummett, declare under penalty of perjury that: 1. I am the first named Plaintiff in the above-named action.

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2. On December 6th 2011 I accompanied Mr. Van Irion and Mr. Bill Odorn to the Phoenix office of the Democratic Party and observed Mr. Irion serve the summons and complaint in the above-named action upon a staffer at the office.
Mr. Irion explained to the staffer that the documents were a summons and

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Defendants

complaint against the "National Democratic Party." While we were in the

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DECLARATION OF JOHN DUMMETT

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Judge: Bolton

CASE NO: 2:11-cv-02089-SRB

Case 2:11-cv-02089-SRB Document 31-1 Filed 05/23/12 Page 2 of 2

documents back to us and directed an obscene gesture toward us. My wife

videotaped this event and I uploaded it to the internet on YouTube .

3. On the evening of December 5, 2011 I attended a Tea Party event with Mr. Irion and Mr. Odom. At that event Mr. Irion and Sheriff Joe Arpio discussed .the above-named lawsuit with members of the general public and with members of the media.

4. I declare under penalty of peljury that the foregoing is true and correct.

Dated: May 22, 2012

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parking lot a person claiming to be the manager of the office tried to give the

Case 2:11-cv-02089-SRB Document 31-2 Filed 05/23/12 Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

LIBERTY LEGAL FOUNDATION; JOHN DUMMETT; LEONARD VOLODARSKY; CREG MARONEY, Plaintiffs

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I, Van R. Irion, declare under penalty of perjmy that:

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1. I am the attorney for the Plaintiffs in the above-named action;

2. Prior to filing the instant litigation I spoke with a staffer at the Tennessee Secretary of State's office regarding standard operating procedures for Presidential elections. That staffer informed me that the National Democratic Party always sends a notice to all Secretaries of State certifYing the name of the Party's candidate. That staffer also informed me that without such certification
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Defendants

NATIONAL DEMOCRATIC PARTY of the USA, Inc.; DEMOCRATIC NATIONAL COMMITTEE; DEBBIE WASSERMAN SCHULTZ,

DECLARATION OF VAN IRION

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Judge: Bolton

CASE NO: 2: ll-cv-02089-SRB

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from the national party organization, the Secretary of State would not place the Party's candidate's name on the Tennessee ballot.

3. I searched the Tennessee Secretary of State's records for infOlmation on any entity operating with the terms "Democratic Party" or "National Democratic Party." The NDPUSA was the only entity that appeared to be a national Democratic Party organization. When I found the "National Democratic Party of the USA, Inc." registered with the Tennessee Secretary of State, I assumed that this was the national level of the Democratic Party's organization, and that it would have offices in evelY state. This is why I attempted service upon NDPUSA at its offices in Memphis Tennessee. 4. Prior to filing the instant lawsuit I was aware that the national level of the Democratic Party routinely sends notices to all 50 Secretaries of State

5. I have no idea why the National Democratic Party of the USA, Inc. has five

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6. The sole purpose and motive for my attempt to obtain a default judgment against National Democratic Party of the USA was to eliminate the possibility that the National Democratic Party of the USA is associated with the DNC or

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regarding its Presidential nominee.

names. I have never had any contact, direct or indirect with any agent, officer, or organizer of the National Democratic Party of the USA, Inc. I have no

infOlmation about the National Democratic Party of the USA, Inc. beyond what is disclosed on the Tennessee Secretary of State's web site.

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is an agent of the DNC. The motion for default was intended to be a quick and simple method to set aside this issue.

7. On December 6th I attempted personal service upon Defendant NDPUSA by personally delivering a copy of the summons and complaint to the office of the Arizona Democratic Party in Phoenix. The documents personally delivered to the staff at the Phoenix Democratic Party office included a summons issued for the National Democratic Party of the USA, Inc. and a copy of the complaint, naming the National Democratic Party of the USA, Inc. as the first named defendant. I explained to the staffer that the documents were a lawsuit against

purporting to be the manager of that office spoke with myself, Plaintiff Dummett, Plaintiff Dummett's wife, and Plaintiff Dummett's campaign

8. The evening before I personally served the complaint at the Arizona Democratic Party's office in Phoenix I appeared at a Tea Party meeting with Sheliff Joe Arpio to discuss the lawsuit with members of the media and the

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9. More than a month before I fIled a motion for default judgment against the National Democratic Party of the USA, Inc. I sent via certified mail a copy of the summons issued against the National Democratic Party of the USA, Inc.

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public.

manager about the summons and complaint. The manager directed an obscene

gesture at us before we left. This attempt at personal service was video-taped.

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the National Democratic Party. Before we left the parking lot a person

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and fIrst and second complaints, to the DNC at its Washington DC office. Those documents were received by the DNC before December 22, 2011. 10. On January 26, 2012 copies of this Court' s summons, all three complaints, and the motion for default judgment against Defendant National Democratic Party of the USA were sent via certifIed mail to Defendant Debbie Wasserman Schultz at the address 118 Cannon HOB, Washin/:,'ton, DC 20515. The United States Postal Service track and confIrm system confIrms that such papers were in fact received by Defendant Debbie Wasserman Schultz on JanuaIY 30. Il.In October, 2011, immediately after fIling the frrst complaint, 1 sent a press release to all of my media contacts, including several staffers at Fox News and a staff writer for World Net Daily. I've appeared on Fox News' Greta Van Sustren Show and Freedom Watch with Andrew Napolitano and have

12.World Net Daily writer, Bob Unruh, regularly writes about Liberty Legal Foundation' s efforts and has written several times about LLF's eligibility lawsuits. When I sent the press release to Mr. Uruuh I attached a copy of the complaint naming NDPUSA as the frrst named defendant. Mr. Uruuh

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maintained contact with several staffers at Fox News.

habitually includes copies of such documents as part of his articles for WND. I included the document because I was aware of Mr. Unruh' s practice and I wanted him to include a copy of the complaint as part of his article.

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13. Immediately after filing the first complaint Liberty Legal Foundation posted the complaint on its web site and sent an e-mail message to its over 30,000 members with a link to the complaint.

14. I am is aware of the fact that at least one current White House staffer has

signed up on Liberty Legal Foundation's e-mail mailing list in order to monitor LLF's activities.

15.All of my attempts to serve National Democratic Party of the USA, Inc. at its Tennessee office were returned as undeliverable. I do not know how to contact anyone associated with the National Democratic Party of the USA, Inc. 16.I personally despise deception and corruption. I have dedicated my career to rooting out deception and conuption. I do not use the tools of deception.
17. I declare under penalty of perjury that the foregoing is true and COITect.

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Dated: 1st Day ofSivan, Year of our Lord 2012 (a.k.a. May 23,2012)

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an R. IIi n Liberty Legal Foundation 9040 Executive Park Drive, Ste. 200 Attorney for Plaintiffs (423) 208-9953
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