Kerpen et al v. Metropolitan Washington Airports Authority et al

MOTION to Dismiss for Failure to State a Claim

E.D. Va.January 31, 2017

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION PHIL KERPEN, et al., Plaintiffs, v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, et al., Defendants. Civil Action No. 16-1307 (JCC)(TCB) MOTION TO DISMISS COUNT ONE OF PLAINTIFFS’ AMENDED COMPLAINT The District of Columbia (the District) moves to dismiss count one of plaintiffs’ amended complaint under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs allege in count one of their amended complaint that the District is not a “State” within the meaning of the Compact Clause of the U.S. Constitution and therefore the Metropolitan Washington Airports Authority is an unconstitutional interstate compact entity. But the Compact Clause is applicable to the District. Even if the Compact Clause is inapplicable to the District, the District is permitted to enter into compacts. The grounds for this motion are set forth more fully in the accompanying memorandum. A proposed order is also attached. Case 1:16-cv-01307-JCC-TCB Document 94 Filed 01/31/17 Page 1 of 3 PageID# 1317 2 Dated: January 31, 2017. Respectfully submitted, KARL A. RACINE Attorney General for the District of Columbia ELIZABETH SARAH GERE Deputy Attorney General Public Interest Division TONI MICHELLE JACKSON Chief, Equity Section /s/ Michael A. Tilghman II MICHAEL A. TILGHMAN II [VSB No. 77397] Assistant Attorney General Suite 630 South 441 Fourth Street, N.W. Washington, D.C. 20001 (202) 727-6247 (202) 741-8676 (fax) michael.tilghman@dc.gov Attorneys for the District of Columbia Case 1:16-cv-01307-JCC-TCB Document 94 Filed 01/31/17 Page 2 of 3 PageID# 1318 3 CERTIFICATE OF SERVICE I certify that on the 31st day of January, 2017, I filed the foregoing with the Clerk of Court using the CM/ECF system, which will then send a notification of electronic filing (NEF) to counsel of record. /s/ Michael A. Tilghman II MICHAEL A. TILGHMAN II Assistant Attorney General Case 1:16-cv-01307-JCC-TCB Document 94 Filed 01/31/17 Page 3 of 3 PageID# 1319 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION PHIL KERPEN, et al., Plaintiffs, v. METROPOLITAN WASHINGTON AIRPORTS AUTHORITY, et al., Defendants. Civil Action No. 16-1307 (JCC)(TCB) ORDER This matter is before the Court on the District of Columbia’s motion to dismiss count one of plaintiffs’ amendment complaint. Having reviewed the motion and related filings, as well as the record in this case, it is hereby ORDERED that (1) The motion is GRANTED; and (2) Count one of plaintiffs’ amended complaint is dismissed with prejudice. It is so ORDERED. Dated: James C. Cacheris Alexandria, Virginia United States District Court Judge Case 1:16-cv-01307-JCC-TCB Document 94-1 Filed 01/31/17 Page 1 of 1 PageID# 1320