Thomas v. Zachry et al
| Thomas and Lori L Thomas |
| Zachry, Thomas Zachry, Marna Zachry, John Harper and Storey County |
| 3:2017cv00219 |
| April 7, 2017 |
| US District Court for the District of Nevada |
| Reno Office |
| William G Cobb |
| Larry R Hicks |
| Real Property: Other |
| Civil Miscellaneous Case |
| None |
Docket Report
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This docket was last retrieved on May 17, 2018. A more recent docket listing may be available from PACER.
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Filing 78
NOTICE of Service of Order [ECF No. 76] by Storey County re #76 Order on Motion for Summary Judgment,,,,,. (Burcham, Charles)
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Filing 77
JUDGMENT in favor of defendants Thomas Zachry, Marna Zachry, John Harper, and Storey County and its Board of Commissioners and against plaintiff Lori L. Thomas. Signed by Clerk of Court Debra K. Kempi on 5/3/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 76
ORDER that defendants' motion for summary judgment (ECF No. #70 ) is GRANTED; Clerk directed to enter judgment in favor of defendants Thomas Zachry, Marna Zachry, John Harper, and Storey County and its Board of Commissioners and against plaintiff Lori L. Thomas on plaintiff's sole remaining cause of action for declaratory relief and quiet title; defendant Storey County and its Board of Commissioners shall serve a copy of this order on the current owner and any other parties known to have or be claiming an interest in the underlying property. Signed by Judge Larry R. Hicks on 5/3/2018. (Copies have been distributed pursuant to the NEF - LH)
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Filing 75
ORDERED that plaintiff's motion to substitute parties (ECF No. #73 ) is DENIED. Signed by Judge Larry R. Hicks on 4/10/2018.(Copies have been distributed pursuant to the NEF - DRM)
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Filing 74
RESPONSE to #73 Motion to Substitute Party by Defendants John Harper, Storey County, Marna Zachry, Thomas Zachry. Replies due by 2/5/2018. (Hsu, Rick)
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Filing 73
MOTION for Substitution of Parties, filed by Plaintiff Lori L Thomas. Responses due by 1/30/2018. (KW)
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Filing 72
Joint STATUS REPORT by Defendants John Harper, Storey County, Marna Zachry, Thomas Zachry. (Burcham, Charles)
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Filing 71
MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks on 1/3/2018. Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to ECF No. #70 Motion for Summary Judgment. Opposition due 21 days from the date of this Minute Order, and reply due 14 days after the filing of the opposition. (Copies have been distributed pursuant to the NEF - LH)
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Filing 70
Joint MOTION for Summary Judgment by Defendants John Harper, Storey County, Marna Zachry, Thomas Zachry. Responses due by 1/23/2018. (Hsu, Rick)
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Filing 69
ORDER granting ECF No. #64 Motion to Withdraw Kristan Elizabeth Lehtinen and Marni Rubin Watkins as attorneys for plaintiff. Plaintiff is hereby appearing as pro se. Signed by Magistrate Judge William G. Cobb on 12/19/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing 68
NON-OPPOSITION to #64 Motion to Withdraw as Attorney by Defendant Storey County. (Burcham, Charles)
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Filing 67
NOTICE of Service of Orders [ECF Nos. 41 and 63] by Storey County re #63 Order on Motion to Dismiss,,,,,. (Burcham, Charles)
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Filing 66
DECLARATION re #63 Order on Motion to Dismiss,,,,, by Defendant Storey County. (Burcham, Charles)
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Filing 65
AFFIDAVIT re #63 Order on Motion to Dismiss,,,,, by Defendant Storey County. (Burcham, Charles)
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Filing 64
MOTION to Withdraw as Attorney by Marni Rubin Watkins for Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 63
ORDER granting in-part and denying in-part ECF No. #58 Motion to Dismiss. The action shall proceed solely on the fourth cause of action. Defendant Storey County and its Board of Commissioners shall serve a copy of this order and a copy of ECF No. #41 Order on the current owner or interested parties by 12/10/2017. Interested parties have until 12/20/2017 to seek leave from the court to participate in this action. Defendants' status report due 1/9/2018. Signed by Judge Larry R. Hicks on 11/30/2017. (Copies have been distributed pursuant to the NEF - LH)
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Filing 62
TRANSCRIPT of Proceedings, 40 Preliminary/Permanent Injunction Hearing,, held on 5/31/17, before Judge Larry R. Hicks. Court Reporter/Transcriber: Margaret Griener, MG@nvd.uscourts.gov. Any Redaction Request is due by 11/20/2017. Redacted Transcript Deadline is set for 11/30/2017. Release of the Transcript Restriction is set for 1/28/2018. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (MG)
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Filing 61
REPLY to Response to #58 Motion to Dismiss filed by Plaintiff Lori L Thomas. Lori L. Thomas' Reply in Support of Her Motion to Dismiss ECF 58,59 and 60 (Watkins, Marni)
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Filing 60
RESPONSE to #58 Motion to Dismiss, filed by Defendant Storey County. Replies due by 10/31/2017. (Attachments: #1 Exhibit 1)(Burcham, Charles)
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Filing 59
RESPONSE to #58 Motion to Dismiss, filed by Defendants John Harper, Marna Zachry, Thomas Zachry. Opposition to Motion to Dismiss Replies due by 10/30/2017. (Hsu, Rick)
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Filing 58
MOTION to Dismiss by Plaintiff Lori L Thomas. Responses due by 10/24/2017. (Watkins, Marni)
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Filing 57
TRANSCRIPT of Proceedings, 40 Preliminary/Permanent Injunction Hearing held on 5/31/2017, before Judge Larry R. Hicks. Court Reporter/Transcriber: Margaret Griener, MG@nvd.uscourts.gov. Any Redaction Request is due by 10/9/2017. Redacted Transcript Deadline is set for 10/19/2017. Release of the Transcript Restriction is set for 12/17/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (MG)
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Filing 56
ORDER denying without prejudice Defendants' ECF No. #27 Motion for Summary Judgment. Signed by Judge Larry R. Hicks on 9/13/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 55
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) (KW)
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Filing 54
SCHEDULING ORDER pursuant to ECF No. #53 Proposed Discovery Plan/Scheduling Order. Discovery due by 2/19/2018. Dispositive Motions due by 3/21/2018. Proposed Joint Pretrial Order due by 4/20/2017. Signed by Magistrate Judge William G. Cobb on 08/24/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 53
PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Lori L Thomas (Joint Stipulated Discovery and Scheduling Order). (Watkins, Marni)
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Filing 52
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 8/11/2017. Discovery Plan/Scheduling Order due by 8/31/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 51
ORDER denying Plaintiff's ECF No. #43 Motion for Leave to File an Amended Complaint. Signed by Judge Larry R. Hicks on 8/10/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 50
RESPONSE to #43 Motion to Amend/Correct Complaint,, filed by Plaintiff Lori L Thomas. Lori L. Thomas' Reply in Support of Motion to Amend The Complaint Doc #s 43, 47, 48 and 49 Replies due by 7/25/2017. (Watkins, Marni)
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Filing 49
ERRATA to #48 Response to #43 Motion ; filed by Defendants John Harper, Marna Zachry, Thomas Zachry. (Hsu, Rick) Modified on 7/17/2017 link added. (BLG).
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Filing 48
RESPONSE to #43 Motion to Amend/Correct Complaint,, filed by Defendants John Harper, Marna Zachry, Thomas Zachry. Replies due by 7/21/2017. (Hsu, Rick)
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Filing 47
RESPONSE to #43 Motion to Amend/Correct Complaint,, filed by Defendant Storey County. Replies due by 7/21/2017. (Attachments: #1 Exhibit)(Burcham, Charles)
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Filing 46
NOTICE of Entry of Stipulation for Extension of Time to File Discovery Plan and Scheduling Order by Lori L Thomas. (Watkins, Marni)
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Filing 45
ORDER re #44 Stipulation for Extension of Time to File Discovery Plan and Scheduling Order. Signed by Magistrate Judge William G. Cobb on 7/5/2017. (Copies have been distributed pursuant to the NEF - HJ)
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Filing 44
STIPULATION for Extension of Time to File Proposed Discovery Plan/Scheduling Order filed by Plaintiff Lori L Thomas. (Watkins, Marni) Modified on 7/5/2017 to correct name of document (HJ).
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Filing 43
MOTION to Amend/Correct Complaint re #1 Complaint,,,. Lor L. Thomas' Motion to Amend the Complaint by Plaintiff Lori L Thomas. Responses due by 7/13/2017. (Attachments: #1 Exhibit Exhibit 1- Amended Complaint, #2 Exhibit Exhibit 2- Map of Impacted Parcels)(Watkins, Marni)
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Filing 42
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 6/28/2017. Discovery Plan/Scheduling Order due by Friday 7/21/2017. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 41
ORDER denying Plaintiff's ECF No. #3 Motion for Preliminary Injunction. Signed by Judge Larry R. Hicks on 6/19/2017. (Copies have been distributed pursuant to the NEF - KR)
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Filing 40
MINUTES OF PROCEEDINGS - Preliminary/Permanent Injunction Hearing held on 5/31/2017 before Judge Larry R. Hicks. Crtrm Administrator: Dionna Negrete; Pla Counsel: Marni Rubin Watkins; Def Counsel: Charles L. Burcham for Storey County,; Court Reporter/Recorder: Margaret Griener; Time of Hearing: 1:35 - 2:56 p.m.; Courtroom: 3. The Court makes preliminary comments. Counsel present their respective arguments. Counsel submit Joint Exhibits as follows:1. Petition2. Letter from DOT dated 5/22/173. Legislative historyThe matter stands submitted. The Court will issue a written order. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - DBN)
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Filing 39
SUPPLEMENT SUPPLEMENTAL POINTS AND AUTHORITIES AND DECLARATIONS IN SUPPORT OF #21 & #25 OPPOSITION TO #3 MOTION FOR PRELIMINARY INJUNCTION by Defendant Thomas Zachry. (Attachments: #1 Exhibit, #2 Exhibit)(Hsu, Rick) Modified on 5/30/2017 links added. (BLG).
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Filing 38
MEMORANDUM filed by Defendant Storey County re #3 Motion for Preliminary Injunction,,. Supplemental P&A in Response to Plaintiff's Reply ISO Ex Parte Application for TRO and Prelim Injunction (Attachments: #1 Exhibit 1-8)(Burcham, Charles)
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Filing 37
DECLARATION of Marni Watkins, Esq Declaration of Marni Watkins, Esq. in Support of Plaintiff's #35 Opposition to Defendant's #27 Motion for Summary Judgment by Plaintiff Lori L Thomas. (Watkins, Marni) Modified on 5/25/2017 link added. (BLG).
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Filing 36
RESPONSE to #27 Motion for Summary Judgment, filed by Plaintiff Lori L Thomas. Lori L. Thomas' Opposition to Defendants' Motion for Summary Judgment Replies due by 6/7/2017. (Attachments: #1 Exhibit Exhibit 1 Land Patent, #2 Exhibit Exhibit 2 1996 Map, #3 Exhibit Exhibit 3 (part 1 of 3) Special Use Permit, #4 Exhibit Exhibit 3 (part 2 of 3) Special Use Permit, #5 Exhibit Exhibit 3 (part 3 of 3) Special Use Permit, #6 Exhibit Exhibit 4 Google Maps, #7 Exhibit Exhibit 5 Storey County Agenda, #8 Exhibit Exhibit 6 Declaration of Lori L. Thomas)(Watkins, Marni)
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Filing 35
ORDER denying ECF No. #29 Defendants' Motion to Consolidate the Preliminary Injunction Hearing with a Trial on the Merits. Signed by Judge Larry R. Hicks on 05/17/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 34
SUPPLEMENT to #33 Reply to Response to Motion,, ; (Supplement to Reply in Support of Memorandum of Points and Authorities in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and #3 Preliminary Injunction) by Plaintiff Lori L Thomas. (Attachments: #1 Exhibit 2 (part 1 of 3), #2 Exhibit 2 (part 2 of 3), #3 Exhibit 2 (part 3 of 3))(Watkins, Marni) Modified on 5/18/2017 link added. (BLG).
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Filing 33
REPLY to Response to #3 Motion for Preliminary Injunction,, filed by Plaintiff Lori L Thomas. (Reply in Support of Memorandum of Points and Authorities in Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction) (Attachments: #1 Exhibit 1 (Google Maps), #2 Exhibit 2 (Special Use Permit), #3 Exhibit 3 (Commissioner's Meeting), #4 Exhibit 4 (Declaration of Lori Thomas), #5 Exhibit 5 (Compliance Report))(Watkins, Marni)
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Filing 32
RESPONSE to #28 Request for Judicial Notice, Lori L. Thomas' Opposition to Defendants' Request for Judicial Notice [ECF 28] filed by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 31
DECLARATION of Marni Watkins, Esq. re #30 Response to Motion, ; Declaration of Marni Watkins, Esq. in Support of Plaintiff's Opposition to Consolidation of Trial on The Merits with the Injunction Hearing by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 30
RESPONSE to #29 Motion, filed by Plaintiff Lori L Thomas. Lori L. Thomas' Opposition to Defendants' Motion to Consolidate Hearing on Preliminary Injunction with Trial on the Merits [ECF 29] Replies due by 5/23/2017. (Attachments: #1 Exhibit Exhibit 1 Google Map, #2 Exhibit Exhibit 2 County Commissioners Meeting Agenda, #3 Exhibit Exhibit 3 Declaration of Lori L. Thomas)(Watkins, Marni)
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Filing 29
MOTION to Consolidate Hearing on Preliminary Injunction with Trial on the Merits by Defendants John Harper, Marna Zachry, Thomas Zachry. Responses due by 5/25/2017. (Hsu, Rick)
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Filing 28
REQUEST for Judicial Notice re #21 Response to Motion, #1 Complaint,,, #22 Notice of Manual Filing ; by Defendants John Harper, Marna Zachry, Thomas Zachry. (Hsu, Rick)
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Filing 27
MOTION for Summary Judgment by Defendants John Harper, Marna Zachry, Thomas Zachry. Responses due by 6/1/2017. (Hsu, Rick)
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Filing 26
NOTICE Notice of FRCP 26(F) Conference by Lori L Thomas. (Watkins, Marni)
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Filing 25
JOINDER to #21 Response to #3 Motion, ; filed by Defendants John Harper, Marna Zachry, Thomas Zachry. (Hsu, Rick) Modified on 5/4/2017 link added. (BLG).
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Filing 24
CERTIFICATE of Interested Parties filed by Storey County. There are no known interested parties other than those participating in the case . (Burcham, Charles)
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Filing 23
ANSWER to #1 Complaint,,, filed by Storey County.(Burcham, Charles)
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Filing 22
NOTICE of Manual Filing by Defendant Storey County re #21 Response to #3 Motion,. Map manually filed with the Clerk's Office. (Burcham, Charles) Modified on 5/4/2017 link added. (BLG).
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Filing 21
RESPONSE to filed by Defendant #3 Storey County. Defendant Storey County's Opposition to Plaintiff's Ex Parte Application for a Temporary Restraining Order and Preliminary Injunction Replies due by 5/10/2017. (Attachments: #1 Exhibit 1-6)(Burcham, Charles) Modified on 5/4/2017 link added. (BLG).
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Filing 20
CERTIFICATE of Interested Parties filed by John Harper, Marna Zachry, Thomas Zachry. There are no known interested parties other than those participating in the case . (Hsu, Rick)
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Filing 19
ANSWER to #1 Complaint,,, filed by John Harper, Marna Zachry, Thomas Zachry. Discovery Plan/Scheduling Order due by 6/17/2017.(Hsu, Rick) 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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Filing 18
ORDER approving ECF No. #17 Stipulation re ECF No. #12 Order. Response to #3 Request for Preliminary Injunction due by 5/3/2017. Reply due by 5/17/2017. Signed by Judge Larry R. Hicks on 4/18/2017. (Copies have been distributed pursuant to the NEF - KR) Modified on 5/4/2017 link added (BLG).
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Filing 17
STIPULATION FOR EXTENSION OF TIME (First Request) re #12 Order,,,, Set/Reset Deadlines,,,, Set/Reset Hearings,,, ; by Defendant Storey County. (Burcham, Charles)
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Filing 16
SUMMONS Returned Executed by Lori L Thomas re #1 Complaint,,,. Marna Zachry served on 4/13/2017, answer due 5/4/2017. (Watkins, Marni)
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Filing 15
SUMMONS Returned Executed by Lori L Thomas re #1 Complaint,,,. Storey County served on 4/12/2017, answer due 5/3/2017. (Watkins, Marni)
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Filing 14
SUMMONS Returned Executed by Lori L Thomas re #1 Complaint,,,. Thomas Zachry served on 4/13/2017, answer due 5/4/2017. (Watkins, Marni)
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Filing 13
SUMMONS Returned Executed by Lori L Thomas re #1 Complaint,,,. John Harper served on 4/12/2017, answer due 5/3/2017. (Watkins, Marni)
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Filing 12
ORDER that Plaintiff's ex parte Application for a Temporary Restraining Order ECF No. #3 is DENIED. IT IS FURTHER ORDERED that Plaintiff shall serve a copy of the Ex Parte Application for a Temporary Restraining Order and Request for a Preliminary Injunction ECF No. #3 , Complaint ECF No. #1 , Summons, and a copy of this Order on Defendants no later than 04/13/2017; Defendants may file a response to the request for a preliminary injunction no later than 5:00 p.m. on 04/19/2017; Plaintiff may file a reply no later than 5:00 p.m. on 4/21/2017. IT IS FURTHER ORDERED that a hearing on Plaintiff's Request for a Preliminary Injunction is set for 4/25/2017 at 10:00 A.M. in Reno Courtroom 3 before Judge Larry R. Hicks. Signed by Judge Larry R. Hicks on 04/11/2017. (Copies have been distributed pursuant to the NEF - KW)
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Filing 11
SUMMONS ISSUED as to John Harper, Storey County, Marna Zachry, Thomas Zachry re ECF No. #1 Complaint. (Attachments: #1 Summons Marna Zachry, #2 Summons Storey County, #3 Summons Thomas Zachry)(KW)
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Filing 10
PROPOSED SUMMONS to be issued (Storey County and It's Board of Commissioners), filed by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 9
PROPOSED SUMMONS to be issued (John Harper), filed by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 8
PROPOSED SUMMONS to be issued (Marna Zachry), filed by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 7
PROPOSED SUMMONS to be issued (Thomas Zachry), filed by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 6
NOTICE of Corrected Image/Document re #3 Ex Parte Document, by Plaintiff Lori L Thomas. (Service of corrected image is attached). (Attachments: #1 Exhibit 3 ("December, 2016 Letter to Lori"))(Watkins, Marni)
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Filing 5
DECLARATION of Lori Thomas In Support of Plaintiff's #3 Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction by Plaintiff Lori L Thomas. (Watkins, Marni) Modified on 5/4/2017 link added. (BLG).
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Filing 4
DECLARATION of Marni Watkins, Esq. re #3 Ex Parte Document, ; In Support of Plaintiff's Ex Parte Application for Entry of Temporary Restraining Order and Preliminary Injunction by Plaintiff Lori L Thomas. (Watkins, Marni)
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Filing 3
EX PARTE DOCUMENT Memorandum of Points and Authorities in Support of Plaintiff's Ex Parte Applicationfor Entry of Temporary Restraining Order and MOTION for Preliminary Injunction filed by Plaintiff Lori L Thomas. (Attachments: #1 Exhibit 1 ("1968 Patnet"), #2 Exhibit 2 ("1996 Map"), #3 Exhibit 3 ("December, 2016 Letter to Lori"), #4 Exhibit 4 ("Storey County Board Agenda"))(Watkins, Marni) Modified on 5/4/2017 See #12 . (Note: #12 denied TRO portion). (BLG).
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Filing 2
NOTICE OF CORRECTION: This action 2:17-cv-1011 having been incorrectly filed in the Unofficial Southern Division for the District of Nevada has been transferred to the Unofficial Northern Division for the District of Nevada and reassigned a new case number. Therefore, all future filings shall proceed under reassigned case number: 3:17-cv-219-LRH-WGC. (BLG)
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Case assigned to Judge Larry R. Hicks and Magistrate Judge William G. Cobb. BLG.
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Filing 1
COMPLAINT AND PETITION FOR WRIT OF MANDAMUS OR INJUNCTION against All Defendants (Filing fee $400 receipt number 0978-4555001), filed by Lori L Thomas. Proof of service due by 7/6/2017. (Attachments: #1 Exhibit 1 ("December, 2016 Letter to Lori"), #2 Exhibit 2 ("1968 Patent"), #3 Exhibit 3 ("1996 Map"), #4 Civil Cover Sheet, #5 Summons Thomas Zachry, #6 Summons Marna Zachry, #7 Summons John Harper, #8 Summons Storey County)(Watkins, Marni) 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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