Deans v. Las Vegas Clark County et al
First Amendment claim by patron allegedly evicted from public library for circulating petition for automatic voter registration. Barred from all branches of the library for a year.
| William Deans |
| College of Southern Nevada, Ronald R. Heezen, Las Vegas Clark County Library District, Randall Perkins and Antonia Marie Summerlin |
| 2:2016cv02405 |
| October 15, 2016 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Andrew P. Gordon |
| Peggy A. Leen |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2018. A more recent docket listing may be available from PACER.
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| Filing 59 REPLY to Response to 51 Motion for Summary Judgment, by Plaintiff William Deans. (Shepard, Alex) |
Filing 58
ORDER Granting 57 Stipulation for Extension of Time re 51 Motion for Summary Judgment (Third Request). Replies due by 12/14/2017. Signed by Judge Andrew P. Gordon on 12/6/2017. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 57 STIPULATION FOR EXTENSION OF TIME (Third Request) re 51 Motion for Summary Judgment, by Plaintiff William Deans. (Shepard, Alex) |
| Filing 56 RESPONSE to 51 Motion for Summary Judgment, by Defendant Las Vegas Clark County Library District. Replies due by 12/14/2017. (Attachments: # 1 Index INDEX OF EXHIBITS TO DEFENDANTS RESPONSE TO PLAINTIFF WILLIAM DEANSS MOTION FOR SUMMARY JUDGMENT, # 2 Exhibit Ex. 1 - Decl. of Jennifer Schember, Nov. 30, 2017, # 3 Exhibit Ex. 2- Mission Stmt., # 4 Exhibit Ex. 3 - Rules of Conduct, # 5 Exhibit Ex. 4 - Pet'r Guidelines, # 6 Exhibit Ex. 5 - Lease Agrmt., # 7 Exhibit Ex. 6 - Designation of Pet'r Zones, # 8 Exhibit Ex. 7 - Map of Pet'r Zones, # 9 Exhibit Ex. 8 - Notc. of Trespass, # 10 Exhibit Ex. 9 - Incident Rpt., # 11 Exhibit Ex. 10 - Police Rpt., # 12 Exhibit Ex. 11 - Google Images, # 13 Exhibit Ex. 12 - Google Images (Annotated), # 14 Exhibit Ex. 13 - Photo (Front), # 15 Exhibit Ex. 14 - Photo (Side), # 16 Exhibit Ex. 15 - Photo (Doors), # 17 Exhibit Ex. 16 - Photo (Bench), # 18 Exhibit Ex. 17 - Photo (Center Cir.)) (Stout, Kelly) |
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Filing 55
ORDER Granting 54 Stipulation for Extension of Time re 51 Motion for Summary Judgment (Second Request). Responses due by 11/30/2017. Signed by Judge Andrew P. Gordon on 11/29/2017. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 54 STIPULATION FOR EXTENSION OF TIME (Second Request) re 51 Motion for Summary Judgment, by Defendant Las Vegas Clark County Library District. (Stout, Kelly) |
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Filing 53
ORDER Granting 52 Stipulation for Extension of Time re 51 Motion for Summary Judgment. Responses due by 11/29/2017. Signed by Signed by Judge Andrew P. Gordon on 10/30/17. (Copies have been distributed pursuant to the NEF - MR) Modified to correct signing Judge on 10/30/2017 (MR).
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| Filing 52 STIPULATION FOR EXTENSION OF TIME (First Request) re 51 Motion for Summary Judgment, filed by Defendant Las Vegas Clark County Library District. (Stout, Kelly) |
| Filing 51 MOTION for Summary Judgment by Plaintiff William Deans. Responses due by 10/31/2017. (Attachments: # 1 Index, # 2 Exhibit 1 - Dec 11 2008 Minutes, # 3 Exhibit 2 - Nov 12 2009 Minutes, # 4 Exhibit 3 - Technology Plan for LVCCLD, # 5 Exhibit 4 - April 9 2015 Minutes, # 6 Exhibit 5 - LVCCLD PIC Manual, # 7 Exhibit 6 - LVCCLD Responses to First Set of Interrogatories)(Randazza, Marc) |
| Filing 50 Interim STATUS REPORT Pursuant to LR 26-3 by Plaintiff William Deans. (Shepard, Alex) |
| Filing 49 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (MR) |
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Filing 48
ORDER Denying 42 Proposed Discovery Plan/Scheduling Order. The following discovery plan and scheduling order dates shall apply: Discovery due by 9/8/2017. Motions due by 10/9/2017. Proposed Joint Pretrial Order due by 11/8/2017. See Order for deadlines. Signed by Magistrate Judge Peggy A. Leen on 5/30/17. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 47 MINUTES OF PROCEEDINGS - Scheduling Conference held on 5/23/2017 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Alex Shepard, Esq.; Def Counsel: Kelly Stout, Esq.; Recording start and end times: 9:02:22 - 9:12:57; Courtroom: 3B; The Court has reviewed Counsels' Proposed Discovery Plan and Scheduling Order 42 , which requests Special Scheduling Review and deadlines that exceed what is deemed presumptively reasonable by the Local Rules of Civil Procedure. The Court summarizes the case and hears representations from Counsel concerning their respective discovery needs. IT IS ORDERED: The Court will DENY Counsels' Proposed Discovery Plan and Scheduling Order 42 and enter a standard 180 day Discovery Plan and Scheduling Order. Counsel's Request for Special Scheduling Review is DENIED. The Court informs Counsel that any additional request for extension of these deadlines will be scrutinized for a strong showing of good cause and due diligence. Additionally, the Court relates to Counsel that they have the option to file a Joint Status Report instead of formal briefing for any discovery disputes they may encounter. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
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Filing 46
ORDER Granting 45 Stipulation re 43 Notice of Hearing. Scheduling Conference set for 5/23/2017 at 09:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 5/9/17. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 45 STIPULATION re 43 Notice of Hearing ; by Defendant Las Vegas Clark County Library District. (Stout, Kelly) |
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Filing 44
ORDER Granting 41 Stipulation re Protective Order. Signed by Magistrate Judge Peggy A. Leen on 5/1/17. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 43 NOTICE of Hearing: A Scheduling Conference is set for 5/16/2017, at 9:30 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties' 42 Proposed Discovery Plan and Scheduling Order.(no image attached)(TKH) |
| Filing 42 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff William Deans . (Attachments: # 1 Exhibit 1 - Stipulated Protective Order)(Shepard, Alex) |
| Filing 41 STIPULATION re: Protective Order PROPOSED Discovery Plan/Scheduling Order, filed by Plaintiff William Deans . (Shepard, Alex) Modified event on 4/26/2017 (TR). |
| Filing 40 NOTICE of Non Compliance with LR IC 2-2 and Attorney Action Required: to 39 Case Management Report. ERROR: Documents should have been filed as separate entries by attorney Alex Shepard , pursuant to LR IC 2-2(b): "For each type of relief requested or purpose of the document, a separate document must be filed and a separate event must be selected for that document" . CORRECTION: Attorney is advised to file the additional Stipulated Discovery Plan contained in document 39 Joint Case Management Report as a separate filing, using the appropriate Proposed Discovery Plan/Scheduling Order event pursuant to LR IC 2-2 (b) and LR IC 2-2(c). (no image attached)(TR) |
| Filing 39 Joint CASE MANAGEMENT REPORT, filed by Plaintiff William Deans. (Attachments: # 1 Exhibit 1 - Stipulated Confidentiality Agreement and Protective Order)(Shepard, Alex) |
| Filing 38 CERTIFICATE of Interested Parties filed by Las Vegas Clark County Library District. There are no known interested parties other than those participating in the case . (Stout, Kelly) |
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Filing 37
ORDER. IT IS ORDERED defendant Library shall file its certificate of interested parties, which fully complies with LR 7.1-1 no later than 4/14/2017. Failure to comply may result in theissuance of an order to show cause why sanctions should not be imposed. Signed by Magistrate Judge Peggy A. Leen on 3/31/17. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 36 ANSWER to 35 Amended Complaint with Jury Demand filed by Las Vegas Clark County Library District. Discovery Plan/Scheduling Order due by 4/24/2017.(Kennedy, Dennis) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 35 AMENDED COMPLAINT with Jury Demand against Las Vegas Clark County Library District, filed by William Deans. Removes parties. Proof of service due by 5/16/2017.(Randazza, Marc) |
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Filing 34
ORDER Granting 33 STIPULATION FOR EXTENSION OF TIME (Second Request) to File Amended Complain. Amended Complaint deadline: 2/15/2017. Signed by Judge Andrew P. Gordon on 12/29/16. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 33 STIPULATION FOR EXTENSION OF TIME (Second Request) to File Amended Complaint by Plaintiff William Deans. (Randazza, Marc) |
| Filing 32 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 12/23/2016. Based on the parties' stipulation 31 , the plaintiff's complaint is DISMISSED WITH PREJUDICE as to defendants College of Southern Nevada, Antonia Marie Summerlin, and Randall Perkin. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 31 STIPULATION of Dismissal with Prejudice; filed by Plaintiff William Deans. (Randazza, Marc) |
| Filing 30 TRANSCRIPT of Proceedings, 21 Preliminary/Permanent Injunction Hearing,,,, held on 11/01/2016, before Judge Andrew P. Gordon. Court Reporter: Heather Newman, HN@nvd.uscourts.gov.. Any Redaction Request is due by 1/6/2017. Redacted Transcript Deadline is set for 1/16/2017. Release of the Transcript Restriction is set for 3/16/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the Court Reporter. Transcript Order form is available on court website. After that date it may be obtained through the Court Reporter or PACER. (HKN) |
| Filing 29 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 11/28/2016. RE: 28 Motion to Extend Time is GRANTED. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 28 FIRST MOTION to Extend Time re 24 Order - Amended Complaint, filed by Plaintiff William Deans. (Randazza, Marc) |
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Filing 25
PRELIMINARY INJUNCTION. ORDERED that 3 Dean's Motion for Preliminary Injunction is GRANTED in part. Signed by Judge Andrew P. Gordon on 11/10/16. (Copies have been distributed pursuant to the NEF - MMM)
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Filing 24
ORDER Granting 22 Stipulation to File Amended Complaint. Plaintiff shall file an Amended Complaint within 20 days of the filing of the Court's order re 3 Motion for Preliminary Injunction. Defendants shall have up to and including 20 days to respond to the Amended Complaint. Signed by Judge Andrew P. Gordon on 11/8/2016. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 23 NOTICE re: Supplemental Authority, filed by William Deans re 3 Motion for TRO,. (Randazza, Marc) |
| Filing 22 STIPULATION re: Amended Complaint, filed by Defendants Ronald R. Heezen, Las Vegas Clark County Library District. (Stout, Kelly) |
| Filing 27 EXHIBIT LIST by Defendants.(NEV) |
| Filing 26 EXHIBIT LIST by Plaintiff William Deans.(NEV) |
| Filing 21 MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing held on 11/1/2016 before Judge Andrew P. Gordon. Crtrm Administrator: N. Vaglio; Pla Counsel: Marc J. Randazza, Alex Sheppard, and D. Gill Sperlein; Def Counsel: Dennis L. Kennedy and Kelly B. Stout for Defendants LVCCLD and Ronald Heezen; Richard L. Hinckley and Diane L. Welch for Defendants CSN, Antonia Summerlin, and Randall Perkins; Court Reporter/FTR #: Heather Newman; Time of Hearing: 9:11 a.m. - 6:30 p.m.; Courtroom: 6C; Arguments of counsel are heard. Witnesses are called. Exhibits are admitted. See attached minutes for details. IT IS ORDERED that this matter is taken under submission. Additional briefing may be required if needed. As stated on the record, IT IS FURTHER ORDERED that the temporary restraining order as previously entered in place as a preliminary injunction is still in effect with additional restrictions. (Copies have been distributed pursuant to the NEF - NEV) |
| Filing 20 NOTICE re: First Amended List of Exhibits and Witnesses, filed by William Deans. (Attachments: # 1 Exhibit 35 - Freedom to View Statement, # 2 Exhibit 36 - Office for Intellectual Freedom, # 3 Exhibit 37 - Libraries and Community Engagement, # 4 Exhibit 38 - ALA Staff Turning Outward, # 5 Exhibit 39 - Community Centered, # 6 Exhibit 40 - Timberland Regional Letter)(Randazza, Marc) |
| Filing 19 ERRATA to 18 Exhibit List & Witness List, filed by Defendants Ronald R. Heezen, Las Vegas Clark County Library District. (Stout, Kelly) |
| Filing 18 AMENDED EXHIBIT LIST & Witness List, filed by Defendants Ronald R. Heezen, Las Vegas Clark County Library District.(Stout, Kelly) |
| Filing 17 NOTICE re: List of Exhibits and Witnesses for Hearing on Motion for Preliminary Injunction, filed by William Deans. (Attachments: # 1 Exhibit 14 - Deans Photos of Library Plaza, # 2 Exhibit 15 - Libraries and Information Centres, # 3 Exhibit 16 - Library Bill of Rights, # 4 Exhibit 17 - Freedom to Read Statement, # 5 Exhibit 18 - ALA Library Bill of Rights, # 6 Exhibit 19 - Welcome Pokemon Masters, # 7 Exhibit 20 - The New York Public Library General Rules & Regulations, # 8 Exhibit 21 - Trustee Tip - Public Forums, # 9 Exhibit 23 - Sept 8 2016 Meeting Minutes, # 10 Exhibit 24 - Feb 13 2014 Meeting Minutes, # 11 Exhibit 25 - Redding Library, # 12 Exhibit 29 - Annotated Architectural Diagram, # 13 Exhibit 32 - Aerial Photos of Library, # 14 Exhibit 33 - Oct 26 2016 Stout Email to Randazza, # 15 Exhibit 34 - Kokinda Post-Office)(Randazza, Marc) |
| Filing 16 EXHIBIT LIST & Witness List by Defendants Ronald R. Heezen, Las Vegas Clark County Library District.(Stout, Kelly) |
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Filing 15
ORDER Granting 14 Verified Petition for Permission to Practice Pro Hac Vice and approving Attorney D. Gill Sperlein for William Deans and approving Designation of Local Counsel Marc J. Randazza. Signed by Judge Andrew P. Gordon on 10/27/2016. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DL)
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| Filing 14 VERIFIED PETITION for Permission to Practice Pro Hac Vice by D. Gill Sperlein and DESIGNATION of Local Counsel Marc J. Randazza (Filing fee $ 250 receipt number 0978-4341642) by Plaintiff William Deans. (Randazza, Marc) |
| Filing 13 REPLY to Response to 3 Motion for TRO, filed by Plaintiff William Deans. (Attachments: # 1 Exhibit 1 - Sept 9 2004 Meeting Minutes, # 2 Exhibit 2 - July 14 2016 Meeting Minutes, # 3 Exhibit 3 - Deans Declaration, # 4 Exhibit 4 - Emails re Petitioning Spot)(Randazza, Marc) |
| Filing 12 REPLY to Response to 3 Motion for TRO, filed by Plaintiff William Deans. (Attachments: # 1 Exhibit 1 - Cooper Declaration, # 2 Exhibit 2 - Incident Report, # 3 Exhibit 3 - Transcript of Recording, # 4 Exhibit 4 - Library Lease, # 5 Exhibit 5 - Excerpts of Transcript of TRO Hearing, # 6 Exhibit 6 - LVCCLD - Collection Development Policy, # 7 Exhibit 7 - June 10 2004 Meeting Minutes, # 8 Exhibit 8 - Jan 13 2011 Meeting Minutes)(Randazza, Marc) |
| Filing 11 RESPONSE to 3 Motion for TRO,, filed by Defendant Las Vegas Clark County Library District. Defendant Las Vegas-Clark County Library District's Response to Plaintiff's Motion for a Preliminary Injunction Replies due by 11/3/2016. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Declaration of Jennifer Schember, # 3 Exhibit 2 - Designated Areas for Gathering Signatures at Each Library Branch, # 4 Exhibit 3 - Library District's Petitioner and Voter Registration Guidelines, # 5 Exhibit 4 - Library District's Rules of Conduct, # 6 Exhibit 5 - Architectural Diagram of East Entrance to West Charleston Branch, # 7 Exhibit 6 - Photograph of East Entrance to West Charleston Branch, # 8 Exhibit 7 - Photograph of East Entrance to West Charleston Branch, # 9 Exhibit 8 - Photograph of East Entrance to West Charleston Branch)(Stout, Kelly) |
| Filing 10 RESPONSE to 3 Motion for TRO,, filed by Defendants College of Southern Nevada, Randall Perkins, Antonia Marie Summerlin. Response to Plaintiff's Motion for Preliminary Injunction Replies due by 11/3/2016. (Welch, Diane) |
| Filing 9 TRANSCRIPT of Proceedings, 7 Motion Hearing,,,, held on 10/17/2016, before Judge Andrew P. Gordon. Transcriber: Heather Newman, 702-471-0002. Transcript may be viewed at the court public terminal or purchased through the Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Transcriber or PACER. Redaction Request due 11/11/2016. Redacted Transcript Deadline set for 11/21/2016. Release of Transcript Restriction set for 1/19/2017. (HKN) |
| Filing 8 NOTICE of Appearance by attorney Kelly B Stout on behalf of Defendants Ronald R. Heezen, Las Vegas Clark County Library District. (Stout, Kelly) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 10/18/2016. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 7 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/17/2016 before Judge Andrew P. Gordon. Crtrm Administrator: Melissa Johansen; Pla Counsel: Marc Randazza, Alex Shepard; Def Counsel: Dennis Kennedy, Kelly Stout, Diane Welch and Richard Hinckley; Court Reporter/FTR #: Alana Kamaka; Time of Hearing: 4:05 p.m. - 5:45 p.m.; Courtroom: 6C; The court makes preliminary remarks and hears arguments of counsel regarding the 3 Emergency Motion for Temporary Restraining Order. Defendant Clark County Library District's Exhibits 1, 2 and 3 are admitted. The Court recessed from 5:17 p.m. to 5:28 p.m. As stated on the record, the 3 Emergency Motion for TRO is granted in part. The court deems the 3 Emergency Motion for TRO as the Motion for Preliminary Injunction. Defendants' responses are due by 10/24/2016, Plaintiff's reply is due 10/26/2016. Hearing on the 3 Motion for Preliminary Injunction is set for Tuesday, November 1, 2016 at 9:00 a.m. in LV Courtroom 6C before Judge Andrew P. Gordon. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ) |
| Filing 5 NOTICE re 4 Order, by William Deans. (Attachments: # 1 Exhibit 1 - Affidavits of Service)(Randazza, Marc) |
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Filing 4
ORDER that plaintiff William Deans shall serve the complaint, his motion for a temporary restraining order, and a copy of this order on the defendants immediately. FURTHER ORDERED that plaintiff William Deans' emergency motion for a temporary restraining order (ECF No. 3 ) is set for hearing as follows: if Deans is able to serve the defendants by 1:30 p.m. today, and provide proof of service, then the hearing will be at 4:00 p.m. today. If not, then the hearing will be at 10:00 a.m. tomorrow, October 18, 2016. The hearing will take place in courtroom 6C in Las Vegas. Signed by Judge Andrew P. Gordon on 10/17/16. (Copies have been distributed pursuant to the NEF - MMM)
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| Case assigned to Judge Andrew P. Gordon and Magistrate Judge Peggy A. Leen. ***Emergency motion previously filed in case.*** (JM) |
| Filing 3 Emergency MOTION for Temporary Restraining Order and Motion for Preliminary Injunction by Defendant William Deans. (Attachments: # 1 Exhibit 1 - Deans Declaration, # 2 Exhibit 2 - Map of Library Entrance, # 3 Exhibit 3 - Notice of Trespass, # 4 Exhibit 4 - Election Dates, # 5 Proposed Order)(Randazza, Marc) Modified on 10/18/2016 (MAJ). |
| Filing 2 CERTIFICATE of Interested Parties filed by William Deans. There are no known interested parties other than those participating in the case . (Randazza, Marc) |
| Filing 1 COMPLAINT against College of Southern Nevada, Jane Doe, Ronald R. Heezen, Las Vegas Clark County Library District, Randall Perkins, Jane Poe, John Roe, Antonia Marie Summerlin (Filing fee $400 receipt number 0978-4325095), filed by William Deans. Proof of service due by 1/13/2017. (Attachments: # 1 Civil Cover Sheet)(Randazza, Marc) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
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