Hof et al v. Nye County et al
| Dennis Hof and Cherry Patch LLC |
| Andrew Borasky, Dan Schinhofen, Nye County Licensing Board and Nye County |
| 2:2018cv01492 |
| August 10, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Richard F Boulware |
| George Foley |
| Nancy J Koppe |
| Gloria M Navarro |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 23, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 38 RESPONSE to #37 Notice (Other), by Plaintiffs Cherry Patch LLC, Dennis Hof.. (Randazza, Marc) |
| Filing 37 NOTICE re 31 MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing, filed by Andrew Borasky, Nye County, Nye County Licensing Board, Dan Schinhofen. (Attachments: #1 Exhibit 1) (Bruch, Rebecca) |
Filing 36
ORDER granting #3 Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that Defendants reinstate Plaintiffs' brothel license and allow Plaintiffs' business to reopen by no later than 8:00 a.m. on August 28, 2018. IT IS FURTHER ORDERED that Commissioners Schinhofen and Borasky are enjoined from participating in any decision by the Board in relation to Plaintiffs' brothel license during the pendency of this action. IT IS FURTHER ORDERED that Defendant Nye County may take any actions it deems appropriate to enforce its own ordinances, but Defendants must provide written documentation to Plaintiffs regarding existing or future Code violations before it takes action during the pendency of this action. IT IS FURTHER ORDERED that, by consent of the parties, this order also applies to Plaintiffs' liquor licenses. IT IS FURTHER ORDERED that Plaintiffs pay a $5,000.00 security. IT IS FURTHER ORDERED that this written order shall be interpreted consistent with this Court's oral ruling on the motion on August 27, 2018. Signed by Judge Richard F. Boulware, II on 8/28/2018. (Copies have been distributed pursuant to the NEF - BEL)
|
| Filing 35 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #34 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (DKJ) |
| Filing 34 NOTICE re #32 Notice; filed by Cherry Patch LLC, Dennis Hof. (Attachments: #1 Exhibit Certificate of Cash Deposit)(Randazza, Marc) Modified on 8/29/2018 (RFJ). |
| Filing 33 CERTIFICATE of Cash Deposit as to Tennyson J. Fauver Dennis Hof: $ 5,000.00, receipt number NVLAS058912 (JM) Modified on 8/28/2018 to correct party tendered on behalf of (DKJ). |
| Filing 32 NOTICE; filed by Cherry Patch LLC, Dennis Hof.. (Randazza, Marc) |
| Filing 31 MINUTES OF PROCEEDINGS - Preliminary Injunction Hearing held on 8/27/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Marc Randazza, Esq., LaTeigra Cahill, Esq; Def Counsel: Rebecca Bruch, Esq; Court Reporter: Patty Ganci; Time of Hearing: 9:38 AM -11:37 AM; 12:06 PM -12:19 PM; Courtroom: 7C.Lorinda Wichman and Timothy Sutton are present at defense counsel table. The Court makes preliminary statements and hears representations of counsel regarding continued hearing as to Plaintiff's #3 MOTION for Temporary Restraining Order. Lorinda Wichman testified on behalf of Defendants. Court's exhibit 1 filed Plaintiff's exhibit A is offered, marked and admitted into evidence. The Court and converts the hearing to a Preliminary Injunction Hearing. Argument is heard.As identified on the record at the hearing, the Court the #3 Motion for Temporary Restraining Order is converted to Preliminary Injunction. With no objection from the parties, the Court accepts as part of the record, all the attachment in connection to the parties' respective motions. A written Order to issue, $5000 security to be paid by the Plaintiffs and is due by end of this day. By consent of the parties, the Court's Order shall apply to the renewal and restoration of the liquor license. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified on 8/27/2018 (BEL). |
| Filing 30 TRANSCRIPT of Proceedings, 29 TRO Hearing, held on 8/22/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 9/16/2018. Redacted Transcript Deadline is set for 9/26/2018. Release of the Transcript Restriction is set for 11/24/2018. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
| Filing 29 MINUTES OF PROCEEDINGS - TRO Hearing held on 8/22/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Marc Randazza, Esq., LaTeigra Cahill, Esq; Def Counsel: Rebecca Bruch, Esq; Court Reporter: Patty Ganci; Time of Hearing: 10:36 AM - 11:13 AM; Courtroom: 7C. Lorinda Wichman and Timothy Sutton are present at defense table. The Court makes preliminary statements and hears representations of counsel regarding Plaintiff's #3 MOTION for Temporary Restraining Order.For the reasons stated on the record at the hearing, IT ORDERED that the TRO Hearing is continued to August 27, 2018 at 9:30 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. (Copies have been distributed pursuant to the NEF - BEL) Corrected time in Bold on 8/24/2018 (BEL). |
| Filing 28 NOTICE Transcript of Deposition of Callie Stark by Cherry Patch LLC, Dennis Hof.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Randazza, Marc) |
| Filing 27 NOTICE of Manual Filing by Plaintiffs Cherry Patch LLC, Dennis Hof re #25 Reply. Object: DVD,, Description: County Board of Commissioners Meeting, 19 June 2018, manually filed with the Clerk's Office. . (Randazza, Marc) |
| Filing 26 ERRATA to #25 Reply by Plaintiffs Cherry Patch LLC, Dennis Hof.. (Randazza, Marc) |
| Filing 25 REPLY to Response to #3 Motion for TRO by Plaintiff Dennis Hof. (Attachments: #1 Declaration) (Cahill, LaTeigra) |
| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 8/21/2018. IT IS ORDERED that, for the good cause stated in the Motion, Plaintiffs' Motion for Early Discovery (ECF No. 14) is GRANTED. The Court GRANTS Plaintiffs' request for early discovery to support their request for a temporary restraining order. The Court orders Defendants to (1) produce all records and information providing the dates that the required business license renewal forms were mailed to brothel owners for the third and fourth quarters of 2017 and the first and second quarters of 2018; (2) produce all records and information providing the dates that Nye County received the required business license renewal paperwork for all brothels in Nye County for the third and fourth quarters of 2017 and the first and second quarters of 2018; (3) produce all records and information providing the dates that Nye County received the payment required for business license renewal from all brothels in Nye county for the third and fourth quarters of 2017 and the first and second quarters of 2018; and (4) present the Person Most Knowledgeable for Nye County with regard to items one through three for the deposition currently scheduled on Tuesday, August 21, 2018 (see ECF No. 20 at 2). Defendants shall produce all records, and not just summaries of records, and information to Plaintiffs by 2:00 p.m. on August 21, 2018. If Defendants are unable to fully comply with this Order, they must provide a written explanation of the records that are outstanding that are still being obtained and an approximate date of production for such records. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 23 RESPONSE to #14 Motion, by Plaintiffs Cherry Patch LLC, Dennis Hof. Replies due by 8/27/2018. (Randazza, Marc) |
|
Filing 22
ORDER granting #18 Stipulation; Re: #3 Motion for TRO. Motion Hearing reset for 8/22/2018 at 10:00 AM in LV Courtroom 7C before Judge Richard F. Boulware II. Signed by Judge Richard F. Boulware, II on 8/17/2018. (Copies have been distributed pursuant to the NEF - JM)
|
| Filing 21 RESPONSE to #3 Motion for TRO by Defendants Andrew Borasky, Nye County, Nye County Licensing Board, Dan Schinhofen. Replies due by 8/24/2018. (Attachments: #1 Exhibit 1 - Declaration of D. Lacy, #2 Exhibit 2 - Declaration of L. Wichman, #3 Exhibit 3 - Transcript of 8.7.18 BOCC Meeting, #4 Exhibit 4 - Declaration of J. Maurizio, #5 Exhibit 5 - Declaration of B. Waggoner, #6 Exhibit 6 - Advertisement, #7 Exhibit 7 - Detective Sehnert Report, #8 Exhibit 8 - Hof Tweet 8.17.18) (Bruch, Rebecca) Modified on 8/20/2018 to restrict access to Exhibit 7 pursuant to LR IC 6-1 (DKJ). |
| Filing 20 RESPONSE to #14 Motion, by Defendants Andrew Borasky, Nye County, Nye County Licensing Board, Dan Schinhofen. Replies due by 8/24/2018. (Attachments: #1 Exhibit 1 - Information Requested, #2 Exhibit 2 - Response from Plaintiff's Counsel) (Bruch, Rebecca) |
|
Filing 19
ORDER Case reassigned to Judge Richard F. Boulware, II and Magistrate Judge George Foley, Jr for all further proceedings. All further documents must bear the correct case number 2:18-cv-01492-RFB-GWF. Signed by Chief Judge Gloria M. Navarro and Richard F. Boulware, II on 8/16/2018. (Copies have been distributed pursuant to the NEF - JM)
|
| Filing 18 STIPULATION for New Hearing Date re 11 Minute Order,, #3 Motion for TRO by Defendants Andrew Borasky, Nye County, Nye County Licensing Board, Dan Schinhofen. (Bruch, Rebecca) |
| Filing 17 Submission of PROPOSED ORDER on #6 Notice of Related Cases by Plaintiffs Cherry Patch LLC, Dennis Hof. (Randazza, Marc) |
|
Filing 16
ORDER Re: #14 Motion, Responses due by 8/17/2018. Replies due by 8/20/2018. Signed by Magistrate Judge Nancy J. Koppe on 8/15/2018. (Copies have been distributed pursuant to the NEF - JM)
|
| Filing 15 NOTICE of Appearance by attorney Rebecca Bruch on behalf of Defendants Andrew Borasky, Nye County, Nye County Licensing Board, Dan Schinhofen. (Bruch, Rebecca) |
| Filing 14 Emergency MOTION for Early Discovery by Plaintiffs Cherry Patch LLC, Dennis Hof. Responses due by 8/28/2018. (Attachments: #1 Exhibit Declaration of LaTeigra Cahill, #2 Exhibit Records Request, #3 Exhibit Nye County Agenda Information Form) (Randazza, Marc) |
| Filing 13 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 8/14/2018. Before the Court is the #3 Motion for Temporary Restraining Order. IT IS HEREBY ORDERED that a hearing on this motion shall take place before the Honorable Chief Judge Gloria M. Navarro at 1:30 p.m. on Friday, August 24, 2018, in LV Courtroom 7D.(Copies have been distributed pursuant to the NEF - NEB) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Dennis Hof, Cherry Patch LLC. All Defendants. (Cahill, LaTeigra) |
| Filing 11 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 8/13/2018. By Deputy Clerk: Aaron Blazevich. This case has been assigned to the Honorable Chief Judge Gloria M. Navarro. Chief Judge Navarro'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 - ASB) |
| Filing 10 Summons Issued as to All Defendants. (ADR) |
| Filing 9 PROPOSED SUMMONS to be issued by Plaintiffs Cherry Patch LLC, Dennis Hof. (Attachments: #1 Summons, #2 Summons, #3 Summons)(Randazza, Marc) |
| Filing 8 CLERK'S NOTICE And Attorney Action Required re #1 -2, 3, 4 and 5 Proposed Summons. ERROR: Summons not issued due to attorneys information not listed pursuant to FRCP 4C. CORRECTION : Pursuant to FRCP 4C summons are to state the name and address of the Plaintiffs attorney. Attorney Marc Randazza advised to download and complete updated "AO 440 (Rev. 6/12) Summons in a Civil Action" form from Court's Website www.nvd.uscourts.gov in accordance with FRCP 4C and refile as a separate event using "Proposed Summons to be Issued" event. (no image attached) (DKJ) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro on 8/10/2018. Before the Court is the #3 Motion for Temporary Restraining Order. Accordingly, Plaintiff IS HEREBY ORDERED to serve Defendants with the #1 Complaint and #3 Motion for Temporary Restraining Order. Defendants shall have 7 days from the date of service to file a response. IT IS FURTHER ORDERED that Plaintiff shall provide a copy of this Order to Defendants when it serves them.(Copies have been distributed pursuant to the NEF - NEB) |
| Filing 6 NOTICE OF RELATED CASES 2:18-cv-00211 2:18-cv-01050 by Plaintiffs Cherry Patch LLC, Dennis Hof. (Randazza, Marc) |
| Filing 5 CERTIFICATE of Interested Parties by Cherry Patch LLC, Dennis Hof that identifies all parties that have an interest in the outcome of this case. Corporate Parent N/A for Cherry Patch LLC, Dennis Hof added. (Randazza, Marc) |
| Filing 4 NOTICE of errata regarding declarations by Cherry Patch LLC, Dennis Hof re #3 Motion for TRO. (Attachments: #1 Declaration Dennis Hof Declaration, #2 Declaration Sonja Bandolik Declaration) (Randazza, Marc) |
| Filing 3 MOTION for Temporary Restraining Order by Plaintiffs Cherry Patch LLC, Dennis Hof. (Randazza, Marc) |
| Filing 2 NOTICE of Manual Filing by Plaintiffs Cherry Patch LLC, Dennis Hof re #1 Complaint,,. Object: DVD containing video, Volume(s): 1, Description: DVD containing video, manually filed with the Clerk's Office. (Randazza, Marc) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5192811) by Dennis Hof, Cherry Patch LLC. Proof of service due by 11/8/2018. (Attachments: #1 Civil Cover Sheet, #2 Summons Nye County Summons, #3 Summons Nye County Board Summons, #4 Summons Schinhofen Summons, #5 Summons Borasky Summons)(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. |
| Case assigned to Chief Judge Gloria M. Navarro and Magistrate Judge Nancy J. Koppe. ***Emergency motion previously filed in case.*** (MR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Nevada District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
