O'Rourke et al v. VanHeel et al
| Kenneth O'Rourke, Charleen Kurr-O'Rourke and Kassidy O'Rourke |
| Kim VanHeel, Palm Hills HOA Board, Phobe Fricke, Trish Hall, Joseph Yakubik, Joshua Dana, Written Warfare Investments LLC-63 Blaven, Colonial Property Management and Assured Real Estate |
| 2:2022cv00689 |
| April 27, 2022 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Richard F Boulware |
| Civil Rights: Accommodations |
| 42 U.S.C. § 405 Fair Housing Act |
| Defendant |
Docket Report
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| Filing 31 SUPPLEMENT to #29 Response to Plaintiff's Motion for Preliminary Injunction by Defendants Assured Real Estate, Joshua Dana, Phobe Fricke, Written Warfare Investments LLC-63 Blaven, Joseph Yakubik (Rickard, Jarrod) |
| Filing 30 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/6/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Melissa Johansen; Pla Counsel: Charleen Kurr ORourke, Pro se; Def Counsel: Jarrod Rickard, Esq., Christopher Anthony, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 4:07 PM - 4:36 PM; Courtroom: 7C; Pro se Plaintiff, Defendant Yakubik, and Defense counsel are present appearing by videoconference for these proceedings. The Court makes preliminary statements and hears representations regarding #2 Motion for Preliminary Injunction and #21 Motion to Dismiss.For the reasons stated on the record, IT IS ORDERED that Defendants may supplement their response to #2 Motion for Preliminary Injunction with any additional documents that clarify how the court should proceed in this matter and/or relevant to their argument that the eviction is based upon the non-payment of rent. The Defendants shall have until June 17, 2022 to file their supplemental response. Thereafter, Plaintiffs shall have until July 1, 2022 to reply to Defendants supplemental response.IT IS FURTHER ORDERED that Defendants' time to respond to the complaint and any discovery deadlines are hereby STAYED until after the Court adjudicates the preliminary injunction.For the reasons stated on the record, IT IS FURTHER ORDERED that #21 Motion to Dismiss is DENIED without prejudice to later refiling, if appropriate.The Transcript shall be the Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 29 RESPONSE to #2 Motion for Preliminary Injunction by Defendants Assured Real Estate, Joshua Dana, Phobe Fricke, Written Warfare Investments LLC-63 Blaven, Joseph Yakubik. (Rickard, Jarrod) |
| Filing 28 CLERK'S NOTICE. Attorney Action Required to ECF No. #21 Motion to Dismiss. Document was not filed pursuant to LR IC 2-2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile the Response to Motion for Preliminary Injunction as a separate entry. (no image attached) (EDS) |
| Filing 27 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II on 6/3/2022. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #21 Motion to Dismiss,,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 26 CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #19 , #20 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) (EDS) |
| Filing 25 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/3/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that a Hearing re: #2 Motion for Temporary Restraining Order is set for June 3, 2022 is Vacated and RESET for June 6, 2022 at 4:00 PM by videoconference appearance before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", with information on how to participate in the video conference if necessary. IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 24 REPLY in Support of Motion for Preliminary Injunction by Plaintiff Charleen Kurr-O'Rourke. (KF) |
| Filing 23 DEMAND for Trial by Jury by Defendant Colonial Property Management. (Boyack, Edward) |
| Filing 22 CERTIFICATE of Interested Parties by Assured Real Estate, Joshua Dana, Phobe Fricke, Written Warfare Investments LLC-63 Blaven, Joseph Yakubik. There are no known interested parties other than those participating in the case (Rickard, Jarrod) |
| Filing 21 MOTION to Dismiss #1 Complaint by Defendants Assured Real Estate, Joshua Dana, Phobe Fricke, Written Warfare Investments LLC-63 Blaven, Joseph Yakubik. Responses due by 6/15/2022. Discovery Plan/Scheduling Order due by 7/16/2022. (Rickard, Jarrod) 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. Modified text on 6/3/2022 (EDS). |
| Filing 20 CERTIFICATE of Interested Parties by Colonial Property Management. There are no known interested parties other than those participating in the case (Boyack, Edward) |
| Filing 19 ANSWER to #1 Complaint Defendants Colonial Property Management, Ltd, Palm Hills Homeowners Association, Inc., Trish Hall and Kim Van Heel's Answer to Complaint filed by Colonial Property Management. Discovery Plan/Scheduling Order due by 7/16/2022.(Boyack, Edward) 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 16
ORDER Granting #11 Motion to file electronically. IT IS FURTHER ORDERED that O'Rourke must comply with the following procedures to activate a CM/ECF account. See order for further details. Signed by Magistrate Judge Daniel J. Albregts on 5/18/2022.(Copies have been distributed pursuant to the NEF - LOE)
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| Filing 14 CERTIFICATE OF SERVICE for #1 Complaint by Plaintiffs Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. (LOE) |
| Filing 13 CERTIFICATE OF SERVICE for #1 Complaint by Plaintiffs Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. (LOE) |
| Filing 12 CERTIFICATE OF SERVICE for #1 Complaint by Plaintiffs Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. (LOE) |
| Filing 11 MOTION For Permission Upgraded Pacer Account by Plaintiffs Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. Responses due by 5/30/2022. (LOE) |
| Filing 10 SUMMONS Returned Executed re #5 Summons Issued, #1 Complaint. Assured Real Estate served on 5/11/2022; Joshua Dana served on 5/11/2022; Phobe Fricke served on 5/11/2022; Trish Hall served on 5/11/2022; Kim VanHeel served on 5/11/2022; Written Warfare Investments LLC-63 Blaven served on 5/11/2022. (LOE) |
| Filing 9 AFFIDAVIT of Service re #1 Complaint by Plaintiff Kenneth O'Rourke. (LOE) |
| Filing 8 CERTIFICATE of Cash Deposit as to Charleen Kurr-Orourke: $ 100, receipt number NVLAS081048. Re #4 Order on Motion for Preliminary Injunction. (LOE) |
| Filing 7 Consent for Electronic Service of Documents by Plaintiff Charleen Kurr-O'Rourke. (LOE) |
| Filing 6 NOTICE of Compliance With Order by Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. (LOE) |
| Filing 5 SUMMONS ISSUED as to Assured Real Estate, Colonial Property Management, Phobe Fricke, Palm Hills HOA Board, Kim VanHeel, Written Warfare Investments LLC-63 Blaven. (LOE) |
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Filing 4
IT IS ORDERED that Plaintiff's Motion for Preliminary Injunction, ECF No. #2 , construed by this Court to be a motion for a temporary restraining order is GRANTED. This Order shall remain in force for 14 days. IT IS FURTHER ORDERED that any current eviction order, including any No-Cause Eviction order, pertaining to the Plaintiffs in this case is hereby VACATED. Defendants are ORDERED to refrain from reinitiating or otherwise pursuing any method of evicting Plaintiffs during the pendency of this Order. IT IS FURTHER ORDERED that Plaintiff shall serve Defendants with the complaint and this Order by 05/06/2022. Plaintiff shall file a notice or affidavit of service with the Court by 05/09/2022.IT IS FURTHER ORDERED that Plaintiff shall pay $100 to the Clerk of the Court by 05/06/2022, as security for this Temporary Restraining Order. Failure to make this payment will result in the Court dissolving this Order. IT IS FURTHER ORDERED that Defendants shall file any response to Plaintiff's Application for Preliminary Injunction on or before 05/09/2022. The Court will provide details regarding a Preliminary Injunction hearing next week Signed by Judge Richard F. Boulware, II on 5/3/2022. (Copies have been distributed pursuant to the NEF - LOE)
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| Filing 3 ADVISORY LETTER to litigant. (HAM) |
| Filing 2 MOTION for Preliminary Injunction by Plaintiffs Charleen Kurr-O'Rourke, Kassidy O'Rourke, Kenneth O'Rourke. Responses due by 5/11/2022. (HAM) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402) by Kassidy O'Rourke, Charleen Kurr-O'Rourke, Kenneth O'Rourke. Proof of service due by 7/26/2022. (Attachments: #1 Civil Cover Sheet, #2 Receipt #NVLAS080802) (HAM) |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (HAM) |
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