Westlake, et al v Miller, et al
| Colleen Westlake and American Wild Horse Preservation Campaign |
| Doug Farris, Cattoor Livestock Roundup, Inc., Chris Miller, Zena Quillan, Pyramid Lake Paiute Indian Tribe and Nevada State Department of Agriculture |
| 3:2019cv00023 |
| January 16, 2019 |
| US District Court for the District of Nevada |
| William G Cobb |
| Miranda M Du |
| Other Statutory Actions |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 36
ORDER granting ECF No. #35 Stipulation for Dismissal, without prejudice, each party to bear its own attorneys fees and costs. Signed by Judge Miranda M. Du on 2/8/2019. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 35 First STIPULATION and Order for Dismissal re #1 Complaint, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 34 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 2/4/2019. By Deputy Clerk: Peggie Vannozzi. The evidentiary hearing, referenced in the Court's order (ECF No. #33 ,) is set for 2/11/2019 at 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 33
ORDER that Plaintiff's Motion ECF No. #2 is denied as it relates to horses other than Lady; the Court defers ruling on the remainder of the Motion; the Court will schedule an evidentiary hearing to determine whether Plaintiffs can demonstrate a likelihood of success on the merits of the 1983 claim as it relates to Lady; the TRO issued on 1/17/2019 remain in place until evidentiary hearing concludes. Signed by Judge Miranda M. Du on 1/31/2019. (Copies have been distributed pursuant to the NEF - KW)
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| Filing 32 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/28/2019 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Jessica Peterson and gus Flangas; Def Counsel: Peter Keegan and Brandee Mooneyhan (for State Defendants); Jerry Snyder and Mark Nelson (for Cattoor Livestock); Wes Williams, Jr. (for Pyramid Lake Paiute Indian Tribe); Court Reporter: Kathy French; Time of Hearing: 1:32 PM - 3:50 PM; Courtroom: 5; Suzanne Roy of American Wildhorse Preservation Campaign and Plaintiff Colleen Westlake are present. Defendants Chris Miller, Doug Farris and Troy Cattoor of Cattoor Livestock are present. Chairman Anthony Sampson, Jr. and Vice Chairman Alan Mandell of the Pyramid Lake Paiute Indian Tribe are present. The Court advises the parties that it has reviewed Plaintiffs motion for temporary restraining order (ECF No. #2 ,) the responses filed by Defendants (ECF Nos. #12 , #13 , #14 ,) and Plaintiffs replies (ECF Nos. #29 , #30 .) The Court will hear legal issues raised in the briefs first. Ms. Peterson and Mr. Williams present argument with regard to Defendant Pyramid Lake Paiute Indian Tribe. The Court makes findings for the record. For the reasons the Court has stated on the record, It is ordered that Pyramid Lake Paiute Indian Tribes motion to dismiss, contained in its response to Plaintiffs motion, (ECF No. #14 ) is granted. The Tribe is dismissed with prejudice. Ms. Peterson asks the Court to reconsider and make the dismissal without prejudice. For the reasons given in open court, the request is denied. Defendant Pyramid Lake Paiute Indian tribe is terminated as a party in this action. Ms. Peterson and Mr. Keegan present argument with regard to the Defendant State of Nevada Department of Agriculture. The Court makes findings for the record. For the reasons given in open court, it is ordered that all claims against Defendant State of Nevada Department of Agriculture are dismissed. Defendant State of Nevada Department of Agriculture is terminated as a party in this action. Ms. Peterson and Mr. Keegan present argument with regard to Defendants Chris Miller and Doug Farris in their individual capacities. The Court will issue a written order as to Defendants Miller and Farris. Ms. Peterson indicates that Plaintiffs will voluntarily dismiss Defendant Zena Quillen. It is ordered that Defendant Zena Quillen is dismissed at request of Plaintiffs. Defendant Zena Quillen is terminated as a party in this action. Ms. Peterson and Mr. Nelson present argument with regard to Defendant Cattoor Livestock. The Court will take the matter under advisement and will issue an order on this issue. Ms. Peterson asks the Court to extend the temporary restraining order. The Court asks Ms. Peterson about the status of the horses, particularly Lady. Mr. Keegan, Mr. Williams and Mr. Nelson respond to the question. The injunction issued as to Lady is still in effect until further order of the Court. The Court directs the parties to meet and confer to try to find a reasonable way to locate Lady and file a joint status report by Wednesday, January 30, 2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 1/29/2019 to correct date of hearing. NEF regenerated (PAV). |
| Filing 31 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #30 , #29 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorneys Gus Flangas and Jessica Peterson is advised to review the local rule and properly link all further filed documents. (no image attached) (WJ) |
| Filing 30 REPLY to #11 Response by Plaintiff Colleen Westlake. (Attachments: #1 Exhibit Declarations of Palomino Valley Residents, #2 Exhibit Brand Clearance Inspection Certificates)(Peterson, Jessica) Modified on 1/28/2019 add link to motion #2 (WJ). |
| Filing 29 REPLY to #14 Response, by Plaintiff Colleen Westlake. (Attachments: #1 Exhibit Independent Contractor Contract, #2 Exhibit Brand Inspection Clearance Certificates, #3 Exhibit Declaration of Palomino Valley Residents, #4 Exhibit 2006 Memo from Department)(Flangas, Gus) Modified on 1/28/2019 add link to motion #2 . (WJ). |
| Filing 28 EXHIBIT Supplement to Defendants Chris Miller, Doug Farris, and Nevada State Department of Agriculture's Exhibit List & Witness List to #15 Exhibit List,, by Defendants Doug Farris, Chris Miller, Nevada State Department of Agriculture. (Attachments: #1 Exhibit Minutes of the May, 2001, Meeting of the Nevada State Board of Agriculture)(Mooneyhan, Brandee) |
| Filing 27 DECLARATION of Service of Pyramid Lake Paiute Indian Tribe re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 26 DECLARATION of Service of Nevada State Department of Agriculture re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 25 DECLARATION of Sevice of Nevada State Department of Agriculture re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 24 DECLARATION re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 23 DECLARATION re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 22 DECLARATION re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 21 DECLARATION of Service of Chris Miller re #2 Motion for TRO, by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 20 STATUS REPORT by Defendant Pyramid Lake Paiute Indian Tribe. (Williams, Wes) |
| Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/24/2019. At the hearing, the parties should be prepared to address whether Plaintiffs have standing to request relief as to horses other than Lady. The parties also should be prepared to address the first prong of the inquiry in Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008)--whether Plaintiffs can show a likelihood of success on the merits. In particular, Plaintiffs should be prepared to address whether the Nevada Department of Agriculture and the Tribe are entitled to immunity; whether Defendants Miller and Farris are sued in their individual capacities; and whether the private actor Defendants Quillan and Cattoor may be involved in state action under one of the tests articulated in Kirtley v. Rainey, 326 F.3d 1088 (9th Cir. 2003). Additionally, the parties should be prepared to address whether these issues support dismissal of the federal law claims sua sponte. Depending on how these issues are resolved, an evidentiary hearing may not be necessary. (Copies have been distributed pursuant to the NEF - RM) |
| Filing 18 ADDENDUM to #10 Status Report by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 17 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #12 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) |
| Filing 16 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Mark R. Nelson to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 3/10/2019. (no image attached) (WJ) |
| Filing 15 EXHIBIT LIST Defendants Chris Miller, Doug Farris, and Nevada State Department of Agriculture's Exhibit List and Witness List by Defendants Doug Farris, Chris Miller, Nevada State Department of Agriculture. (Attachments: #1 Exhibit 501, #2 Exhibit 502, #3 Exhibit 503, #4 Exhibit 504, #5 Exhibit 505, #6 Exhibit 506, #7 Exhibit 507, #8 Exhibit 508, #9 Exhibit 509, #10 Exhibit 510, #11 Exhibit 511, #12 Exhibit 512, #13 Exhibit 513, #14 Exhibit 514, #15 Exhibit 515, #16 Exhibit 516, #17 Exhibit 517) (Keegan, Peter) |
| Filing 14 RESPONSE to #2 Motion for TRO, by Defendant Pyramid Lake Paiute Indian Tribe. Replies due by 1/30/2019. (Attachments: #1 Exhibit A - Mandell Declaration, #2 Exhibit B - Map, #3 Exhibit C - NDOA Letter, #4 Exhibit D - Burn Plan, #5 Exhibit E - PVGID Letter) (Williams, Wes) |
| Filing 13 STATUS REPORT by Defendant Cattoor Livestock Roundup, Inc.. (Snyder, Jerry) |
| Filing 12 RESPONSIVE BRIEF by Defendant Cattoor Livestock Roundup, Inc.. (Snyder, Jerry) Modified on 1/24/2019 add link to motion #2 . (WJ). |
| Filing 11 RESPONSE to #2 Motion for TRO, by Defendants Doug Farris, Chris Miller, Nevada State Department of Agriculture. Replies due by 1/30/2019. (Belcourt, Dennis) |
| Filing 10 First STATUS REPORT with Exhibit and Witness List by Plaintiff Colleen Westlake. (Flangas, Gus) |
| Filing 9 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/18/2019. By Deputy Clerk: Peggie Vannozzi. To the extent the parties request to present evidence at the hearing set for 1/28/2019 at 1:30 PM in Reno Courtroom 5 before Judge Miranda M. Du (ECF No. 8 ,)the parties are directed to coordinate exhibits and witnesses and file a status report with the Court which indicates an estimate of the time required for the hearing, by 1/22/2019. Counsel are directed to file exhibit lists and witness lists no later than 5 days prior to the hearing. Plaintiffs are to use numerals 1-499 and Defendants are to use numerals 500 and above. Counsel are to list the exhibits on the form found on the Court's website, www.nvd.uscourts.gov and provide the list to the courtroom administrator on the day of the hearing. Counsel are further to provide the Court with a courtesy copy of all exhibits to be used in the hearing by delivering a thumb drive or CD to the Clerks Office in Reno for the Courts use no later than 2 days prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
| Filing 8 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/18/2019. By Deputy Clerk: Peggie Vannozzi. The Court will hear Plaintiff's motion for temporary restraining order/injunctive relief on 1/28/2019 at 01:30 PM in Reno Courtroom 5 before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) |
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Filing 7
ORDER granting in part pending a hearing on the motion #2 for Temporary Restraining Order; Ds, particularly D, Zena Quillan, are ordered to refrain from slaughtering or taking slaughter Plaintiff Westlake's horse Lady; Plaintiffs are instructed to serve Defendants with a copy of the complaint, summons, motion for temporary restraining order, and this order. Defendants must file their responses by 1/23/2019. Plaintiffs must file their Reply by 1/25/2019. The Court will her the motion on January 28 2019, at a time to be determined. Plaintiffs will be required to give security in an amount that the Court considers proper under FRCP 65(c), to be determined at the hearing. Signed by Judge Miranda M. Du on 1/17/2019. (Copies have been distributed pursuant to the NEF - WJ)
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| Filing 6 Submission of PROPOSED ORDER on #2 Motion for TRO, by Plaintiff Colleen Westlake. (Peterson, Jessica) |
| Filing 5 SUMMONS ISSUED as to All Defendants. (Attachments: #1 Doug Farris, #2 Nevada State Department of Agriculture, #3 Zena Quillan, #4 Cattoor Livestock Roundup, Inc., #5 Pyramid Lake Paiute Indian Tribe) (LH) |
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Filing 4
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: #www.nvd.uscourts.gov Signed by Judge Miranda M. Du on 1/17/2019. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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| Filing 3 CERTIFICATE of Interested Parties by Colleen Westlake. There are no known interested parties other than those participating in the case (Flangas, Gus) |
| Filing 2 EX PARTE DOCUMENT for TRO/Injunctive relief by Plaintiff Colleen Westlake. (Attachments: #1 Exhibit Declaration of Thomas Baker, #2 Exhibit Copies of Emails from Plaintiff to Defendant, #3 Exhibit Declaration of Colleen Westlake, #4 Exhibit Email from Farris to Ms. Westlake, #5 Exhibit Local Authorities respond to horse round up in Palomino Valley)(Flangas, Gus) Modified on 1/17/2019 to reflect title of document. (WJ). |
| Filing 1 First COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-5395665) by Colleen Westlake. Proof of service due by 4/16/2019. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Flangas, Gus) 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 District Judge Miranda M. Du and Magistrate Judge William G. Cobb. (WJ) |
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