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UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

LEIGH BROWN AND MALLARD CREEK 

PROPERTIES, INC. D/B/A LEIGH BROWN 

& ASSOCIATES

Plaintiffs,

v. 

FEDERAL ELECTION COMMISSION,

Defendant.

Civil Case No. 1:19-cv-01021-TJK

PLAINTIFFS’ MOTION FOR 

PRELIMINARY INJUNCTION

Leigh Brown and Mallard Creek Properties, Inc., d/b/a Leigh Brown & Associates 

(collectively “Plaintiffs”) move for a Preliminary Injunction against Defendants to enjoin them 

from enforcing 52 U.S.C. § 30104(f), 11 C.F.R. § 100.29 (“electioneering communications”), 11 

C.F.R. §§ 104.5(j), 114.10(b)(2),110.11(a)(4) and 11 C.F.R. § 104.20 (electioneering 

communications disclaimer and reporting requirements) as applied to Plaintiff Leigh Brown & 

Associate’s current radio advertisements until such time as this Court shall rule on the merits of 

Plaintiffs’ claim for permanent injunctive relief. Defendant’s actions, as applied to Plaintiffs, 

constitute a prior restraint on speech in contravention of the First Amendment as well as a violation 

of Plaintiffs’ rights under the Fifth and First Amendments. The electioneering communications 

window for the upcoming primary for North Carolina’s Ninth Congressional District began on

Sunday April 14, 2019. The present and continuing harms brought about by Defendant’s actions

necessitates this request for a preliminary injunction.

This motion is made on the grounds specified in this motion, Plaintiffs’ brief in support 

thereof, the Amended Verified Complaint, the Exhibits attached to the Amended Verified 

Case 1:19-cv-01021-TJK Document 12 Filed 04/17/19 Page 1 of 3
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Complaint, and such other and further evidence as may be presented to the Court at the time of the 

hearing.

Plaintiffsrespectfully requests oral argument because of the complexities and the important 

constitutional rights involved in this case.

Pursuant to Local Rule 7(m), Plaintiffs have conferred with Counsel for the Federal 

Election Commission who state that they oppose this motion.

Dated: April 17, 2019

Respectfully submitted,

/s/_Jason Torchinsky______

Jason Torchinsky (D.C. Bar No. 976033)

jtorchinsky@hvjlaw.com

J. Michael Bayes (D.C. Bar No. 501845)

jmbayes@hvjlaw.com

Jessica Johnson (D.C. Bar No. 976688)

jessica@hvjt.law

HOLTZMAN VOGEL JOSEFIAK TORCHINSKY 

PLLC

45 North Hill Drive, Suite 100

Warrenton, VA 20186

Tel: (540) 341-8808

Fax: (540) 341-8809

Counsel for Plaintiffs

Case 1:19-cv-01021-TJK Document 12 Filed 04/17/19 Page 2 of 3
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CERTIFICATE OF SERVICE

I do hereby certify that, on this 17th day of April 2019, the foregoing Motion for 

Preliminary Injunction was filed electronically with the Clerk of Court using the CM/ECF system. 

The following parties were served either electronically on April 17th or by USPS First Class Mail 

on April 18, 2019.

/s/Jason Torchinsky

Jason Torchinsky (D.C. Bar No. 976033)

Federal Election Commission

1050 First Street, NE

Washington, DC 20463

C/o Kevin Deeley, Kevin Paul Hancock, and Tanya D. Senanayake

Email: ecf.notices@fec.gov

Attorney General William Barr

c/o Assistant U.S. Attorney of Administration

Justice Management Division

950 Pennsylvania Ave. NW

Room 1111

Washington, D.C. 20530

Jessie K. Liu

United States Attorney for the District of Columbia

Civil Process Clerk

555 4th St. N.W. 

Washington, D.C. 20530

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