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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF VIRGINIA


Charlottesville Division

BRENNAN M. GILMORE,

Plaintiff,

v.

ALEXANDER (“ALEX”) E. JONES; No. 3:18-cv-00017-NKM-JCH


INFOWARS, LLC, a Texas Limited Liability
Company; FREE SPEECH SYSTEMS, LLC, a
Texas Limited Liability Company; LEE
STRANAHAN; LEE ANN MCADOO A/K/A
LEE ANN FLEISSNER; SCOTT CREIGHTON;
JAMES (“JIM”) HOFT; ALLEN B. WEST;
DERRICK WILBURN; MICHELE HICKFORD;
and WORDS-N-IDEAS, LLC,

Defendants.

PLAINTIFF’S MOTION TO DEFER CONSIDERATION OF MOTION FOR SANC-


TIONS FILED BY DEFENDANTS HOFT, STRANAHAN, CREIGHTON, WILBURN,
HICKFORD, AND WORDS-N-IDEAS, LLC UNTIL AFTER NOVEMBER 13, 2018
ORAL ARGUMENT

Elizabeth B. Wydra, admitted pro hac vice Andrew Mendrala, Virginia Bar No. 82424
Brianne J. Gorod, admitted pro hac vice Aderson Francois, admitted pro hac vice
CONSTITUTIONAL ACCOUNTABILITY CIVIL RIGHTS CLINIC
CENTER GEORGETOWN UNIVERSITY LAW CENTER
1200 18th Street, N.W., Suite 501 600 New Jersey Avenue, N.W.
Washington, D.C. 20036 Washington, D.C. 20001
(202) 296-6889 (202) 662-9065
elizabeth@theusconstitution.org andrew.mendrala@georgetown.edu
brianne@theusconstitution.org aderson.francois@georgetown.edu

Counsel for Plaintiff Brennan Gilmore

Case 3:18-cv-00017-NKM-JCH Document 105 Filed 10/24/18 Page 1 of 4 Pageid#: 1582


On October 20, 2018, Defendants Hoft, Stranahan, Creighton, Wilburn, Hickford, and

Words-N-Ideas, LLC filed a motion for sanctions under Federal Rule of Civil Procedure 11(c).

Dkt. Nos. 101, 102. This motion was filed more than seven months after Plaintiff Brennan Gilmore

filed his original complaint, nearly six months after Plaintiff filed his amended complaint, more

than three months after briefing concluded on all Defendants’ motions to dismiss, and roughly

three weeks before this Court is set to hear oral argument on those motions. Plaintiff respectfully

requests that this Court defer consideration of the motion for sanctions, and postpone the deadline

for Plaintiff’s response to that motion, until after the motion-to-dismiss hearing scheduled for No-

vember 13, 2018.

A delay is warranted here because Defendants’ motion for sanctions simply rehashes the

same arguments that Defendants already made in their motion to dismiss. Thus, the issues that the

motion raises are the very same issues that have already been briefed in great detail by both De-

fendants and by Plaintiff: whether the court has subject-matter jurisdiction and personal jurisdic-

tion over Defendants, and whether Plaintiff has stated claims for defamation and intentional inflic-

tion of emotional distress against Defendants. There is no reason for the Court to receive even

more briefing on these same issues in the context of a Rule 11 motion. It would be more efficient

for the Court to defer consideration of this motion until after the November 13, 2018 oral argument

on the Defendants’ motion to dismiss, at which point the Court can determine whether further

briefing on the Rule 11 motion is even necessary.

For those reasons, Plaintiff requests that the Court defer consideration of the motion for

sanctions, and postpone the deadline for Plaintiff’s response to that motion, until after the motion-

to-dismiss hearing on November 13, 2018.

As of the time of filing, counsel for Defendants Hoft, Stranahan, Creighton, Wilburn, Hick-

ford, and Words-N-Ideas, LLC has not taken a position on the relief requested in this motion.

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Case 3:18-cv-00017-NKM-JCH Document 105 Filed 10/24/18 Page 2 of 4 Pageid#: 1583
Respectfully submitted,
Dated October 24, 2018 /s/ Andrew Mendrala

Elizabeth B. Wydra, admitted pro hac vice Andrew Mendrala, Virginia Bar No. 82424
Brianne J. Gorod, admitted pro hac vice Aderson Francois, admitted pro hac vice
CONSTITUTIONAL ACCOUNTABILITY CIVIL RIGHTS CLINIC
CENTER GEORGETOWN UNIVERSITY LAW CENTER
1200 18th Street, N.W., Suite 501 600 New Jersey Avenue, N.W.
Washington, D.C. 20036 Washington, D.C. 20001
(202) 296-6889 (202) 662-9065
elizabeth@theusconstitution.org andrew.mendrala@georgetown.edu
brianne@theusconstitution.org aderson.francois@georgetown.edu

Counsel for Plaintiff Brennan Gilmore

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Case 3:18-cv-00017-NKM-JCH Document 105 Filed 10/24/18 Page 3 of 4 Pageid#: 1584
CERTIFICATE OF SERVICE

I hereby certify that on October 24, 2018, the foregoing document was filed with the Clerk

of the Court, using the CM/ECF system, causing it to be served on all counsel of record.

Dated: October 24, 2018


/s/ Andrew Mendrala
Andrew Mendrala

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Case 3:18-cv-00017-NKM-JCH Document 105 Filed 10/24/18 Page 4 of 4 Pageid#: 1585