Boyd Wiggam (Wyoming Bar # 6-4059)

WYOMING LIBERTY GROUP

1902 Thomes Ave. 

Ste. 201

Cheyenne, WY 82001

(307) 632-7020 [Tel.]

(307) 632-7024 [Fax]

boyd.wiggam@wyliberty.org

UNITED STATES DISTRICT COURT

DISTRICT OF WYOMING

UNNAMED PLAINTIFF #1,

UNNAMED PLAINTIFF #2, 

PILLAR OF LAW INSTITUTE,

Plaintiffs,

v.

FEDERAL ELECTION COMMISSION

Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

 C.A. No. 16-CV-135-S

________________________________

NOTICE OF SETTLEMENT AND STIPULATED CONSENT ORDER

________________________________

COME NOW Plaintiffs, Unnamed Plaintiff #1, Unnamed Plaintiff #2, and the Pillar of 

Law Institute, through counsel, and Defendant Federal Election Commission (“FEC”), through 

counsel, and hereby notify the Court that the parties have agreed upon settlement terms finalizing 

this case. 

A. The parties enter into this Consent Order for the purpose of settling this litigation.

B. On May 25, 2016, Plaintiffs commenced this action by filing a Verified Complaint for 

Declaratory and Injunctive Relief against the Commission. Plaintiffs filed a Motion for Preliminary 

Case 2:16-cv-00135-SWS Document 26 Filed 07/22/16 Page 1 of 5
2

Injunction on June 3, 2016, in which they asked this Court to preliminarily enjoin the Commission 

from enforcing 52 U.S.C. § 30118. 

C. On June 17, 2016, Defendant filed its response to Plaintiffs’ Motion for Preliminary 

Injunction, arguing that the conduct described in Counts I and II of Plaintiffs’ Verified Complaint 

was protected under existing advisory opinions issued by the FEC. Defendant also argued that 

“neither the courts nor the Commission have addressed whether 52 U.S.C. § 30118 bars an MCFL 

corporation from making contributions to a delegate to a national convention.” It then explained 

that the conduct described in count III of Plaintiffs’ Verified Complaint was protected under FEC 

v. Massachusetts Citizens for Life, Inc., 479 U.S. 238 (1986) (“MCFL”). 

D. Corporations that qualify for the MCFL exemption are not barred by 52 U.S.C. § 30118 

from providing the described contributions to a delegate to a national convention. FEC Opp’n 

Memo. (Doc. No. 18) at 19.

E. Plaintiffs hereby agree to the dismissal of Counts I and II of its Verified Complaint because 

the FEC interprets the giving of educational books and pro bono legal services by corporations 

under the circumstances described in the Verified Complaint (Doc. No. 1 ¶¶ 28-32, 42) as being 

protected under Advisory Opinion 1983-23 (LTV Corporation), 1983 WL 909288. 

F. Defendant hereby agrees that it shall not enforce 52 U.S.C. § 30118, as well as any 

implementing regulations, against Plaintiffs with regard to the contributions proposed in the 

Verified Complaint (Doc No. 1 ¶¶ 31, 53) and made by MCFL corporations to delegates to a 

national nominating convention. 

G. Plaintiffs agree to waive any demand for costs and fees.

Case 2:16-cv-00135-SWS Document 26 Filed 07/22/16 Page 2 of 5
3

H. On June 10, 2016, Plaintiffs filed a Motion for Leave to Proceed Under Pseudonyms and 

for a Protective Order (Doc. No. 16). Assuming the Court enters the attached Consent Judgment, 

Defendant takes no position on that motion for this settled matter.

I. The parties agree that the Court’s docket in this case, as well as all papers and filings in 

this case that were not submitted under seal, may become public. 

Said terms are set forth in the proposed Consent Order, which is attached to this Notice. 

Said proposed Consent Order was e-mailed to the chambers of Judge Scott Skavdahl in Word 

format on July 22, 2016.

Respectfully submitted,

/s/ Benjamin Barr

Stephen R. Klein

Benjamin Barr

PILLAR OF LAW INSTITUTE

455 Massachusetts Ave. NW 

Ste. 359

Washington, DC 20001-2742

(202) 815-0955 [Tel.]

stephen.klein@pillaroflaw.org

benjamin.barr@pillaroflaw.org

Boyd Wiggam (Wyoming Bar # 6-4059)

WYOMING LIBERTY GROUP

1902 Thomes Ave. 

Ste. 201

Cheyenne, WY 82001

(307) 632-7020 [Tel.]

(307) 632-7024 [Fax]

boyd.wiggam@wyliberty.org

Attorneys for Plaintiffs

Daniel A. Petalas (dpetalas@fec.gov)

Acting General Counsel

Lisa J. Stevenson (lstevenson@fec.gov)

Deputy General Counsel – Law

Kevin Deeley (kdeeley@fec.gov)

Acting Associate General Counsel

Erin Chlopak (echlopak@fec.gov)

Acting Assistant General Counsel

/s/Jacob S. Siler

Jacob S. Siler (jsiler@fec.gov)

Attorney

FEDERAL ELECTION COMMISSION

999 E Street, NW

Washington, DC 20463

Tel: (202) 694-1650

Fax: (202) 219-0260

Case 2:16-cv-00135-SWS Document 26 Filed 07/22/16 Page 3 of 5
4

Attorneys for Defendant

July 22, 2016

Case 2:16-cv-00135-SWS Document 26 Filed 07/22/16 Page 4 of 5
CERTIFICATE OF SERVICE

I, Benjamin Barr, hereby certify that on this 22nd day of July, 2016, the foregoing Notice 

of Settlement and Stipulated Consent Order was electronically served on all counsel via electronic 

filing through the Court’s CM/ECF system. 

/s/ Benjamin Barr

Case 2:16-cv-00135-SWS Document 26 Filed 07/22/16 Page 5 of 5