4818-8184-6325.1

OMA-417472-2

BIIN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

ROBERT C. MCCHESNEY, et al,

Plaintiffs,

v.

MATTHEW S. PETERSEN, et al,

Defendants.

______________________________________

No. 8:16-CV-168 LSC-FG3

NOTICE OF DISMISSAL WITHOUT 

PREJUDICE OF DEFENDANT UNITED 

STATES OF AMERICA ONLY

Plaintiffs, Robert C. McChesney, in his official capacity as Treasurer of Bart McLeay for 

U.S. Senate, Inc., and Bart McLeay for U.S. Senate, Inc., pursuant to Fed. R. Civ. 

P 41(a)(1)(A)(i), hereby gives a notice of dismissal without prejudice of Defendant United States 

of America (“United States”). 

The United States acknowledges “Plaintiffs’ allegations and causes of action in their 

Complaint are clearly based upon final agency action and decisions taken by the FEC” (Filing 

No. 26 at 2). Accordingly, Plaintiffs intend to pursue the action only against Matthew S. 

Petersen in his official capacity as Chair of the Federal Election Commission and the Federal 

Election Commission (collectively “FEC”) and reserve their right to bring this action later 

against the United States.1

 

1

Plaintiffs take issue with several arguments made by the United States including but not limited to its suggestion 

Plaintiffs have brought a civil action against the United States that “exceeds the $10,000 jurisdictional threshold” 

under “the Little Tucker Act” because the “Complaint specifically references the fine issued by the FEC to be in the 

sum of $12,122” (Filing No. 26 at 8). The United States’ argument is misplaced. Plaintiffs seek various forms of 

specific relief but they have not made an affirmative claim to recover “$12,122” from the United States (Filing No. 1

at 1-20). See Bowen v. Massachusetts, 487 U. S. 879, 910 (1988) (“[S]ince the orders are for specific relief (they 

undo the Secretary’s refusal to reimburse the State), rather than for money damages (they do not provide relief that 

substitutes for that which ought to have been done), they are within the District Court’s jurisdiction under § 702’s 

[APA] waiver of sovereign immunity”). Id. at 8.

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Plaintiffs are entitled to file notice of dismissal without prejudice since the United States 

has served neither an answer nor a motion for summary judgment. 

Dated this 28th day of July, 2016.

Respectfully submitted,

ROBERT C. MCCHESNEY, in his official 

capacity as Treasurer of Bart McLeay for 

U.S. Senate, Inc., and BART MCLEAY 

FOR U.S. SENATE, INC., Plaintiffs,

By: s/L. Steven Grasz

L. Steven Grasz (NE #19050)

Husch Blackwell LLP

13330 California Street

Suite 200

Omaha, NE 68154

Phone: 402.964.5000

steve.grasz@huschblackwell.com

Attorney for Plaintiff

Bartholomew L. McLeay #17746

Kutak Rock LLP

The Omaha Building

1650 Farnam Street

Omaha, NE 68102-2186

Phone: (402) 346-6000

bart.mcleay@kutakrock.com

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CERTIFICATE OF SERVICE

I hereby certify that on July 28, 2016, I electronically filed the foregoing with the Clerk 

of the court using the CM/ECF system which sends notification of such filing to the following 

CM/ECF participant in this case:

Robert W. Bonham III

Daniel A. Petalas

Erin R. Chlopak

Kevin Deeley

Lisa J. Stevenson

Federal Election Commission

rbonham@fec.gov

dpetalas@fec.gov

echlopak@fec.gov

kdeeley@fec.gov

lstevenson@fec.gov

Robert L. Homan

U.S. Attorney’s Office – Omaha

robert.homan@usdoj.gov

s/ L. Steven Grasz

L. Steven Grasz

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