Palmer et al v. Sisolak et al
| Firearms Policy Coalition, Inc., Chad Moxley and Roger Palmer |
| LVMPD Officer Joseph Lombardo, Mark Jackson, Mindy McKay, Daniel J. Coverley, Stephen Sisolak, A.G. Aaron Ford, Steven Wolfson, George Togliatti and Joseph Lombardo |
| 3:2021cv00268 |
| June 10, 2021 |
| US District Court for the District of Nevada |
| William G Cobb |
| Craig S Denney |
| Miranda M Du |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 71
TRANSCRIPT of Proceedings, 48 Motion Hearing,,, held on 7-16-21, before Chief Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 7/14/2022. Redacted Transcript Deadline is set for 7/24/2022. Release of the Transcript Restriction is set for 9/21/2022. 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. (KF)
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Filing 70
TRANSCRIPT DESIGNATION by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #67 Notice of Appeal, 48 Motion Hearing,,,. (OMara, David)
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Filing 69
USCA ORDER for Time Schedule as to ECF No. #67 Notice of Appeal, filed by Roger Palmer, Chad Moxley, Firearms Policy Coalition, Inc. USCA Case Number 22-15645 assigned. (Copies have been distributed pursuant to the NEF - CJD)
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Filing 68
EXHIBIT Representation Statement to #67 Notice of Appeal, by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 67
NOTICE OF APPEAL as to #66 Judgment, #65 Order on Motion to Dismiss, by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. Filing fee $ 505, receipt number ANVDC-6885139. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Exhibit, #2 Exhibit) (OMara, David)
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Filing 66
JUDGMENT Defendants' motion to dismiss the complaint is granted. Signed by Clerk of Court Debra K. Kempi on 3/30/2022. (Copies have been distributed pursuant to the NEF - LG) (Main Document 66 replaced and regenerated NEF on 3/30/2022) (LG).
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Filing 65
ORDER granting #34 Motion to Dismiss; Re: #34 Motion to Dismiss. Clerk shall enter judgment and close case. Signed by Chief Judge Miranda M. Du on 3/29/2022. (Copies have been distributed pursuant to the NEF - LG)
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Filing 64
CLERK'S NOTICE due to Magistrate Judge William G. Cobb's retirement, this case is reassigned to Magistrate Judge Craig S. Denney for all further proceedings. All further documents must bear the correct case number 3:21-cv-00268-MMD-CSD. (no image attached) (DRM)
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Filing 63
ORDER granting ECF No. #62 Stipulation of Dismissal With Prejudice : The Clark County Defendants and the Douglas County Defendants, Joseph Lombardo and Steven Wolfson, are dismissed with prejudice. Signed by Chief Judge Miranda M. Du on 8/27/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 62
STIPULATION of Dismissal Stipulation and Order for Dismissal with Prejudice by Defendants Joseph Lombardo, Steven Wolfson. (Crosby, Nicholas)
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Filing 61
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 8/25/2021. Before the court is Plaintiffs' Discovery Plan and Scheduling Order (ECF No. 59). In light of Chief District Judge Miranda M. Du's order denying Plaintiffs' Motion for Preliminary Injunction (ECF No. 51) and Defendants' Motions to Dismiss (ECF Nos. 34 and 52), the court declines to enter a Scheduling Order at this time. Once Chief District Judge Du issues a ruling on Defendants' Motions to Dismiss (ECF Nos. 34 and 52), and depending on the outcome of those motions, the court will order the parties to submit their proposed Discovery Plan and Scheduling Order, if necessary. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - HJ)
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Filing 60
ORDER granting ECF No. #58 Stipulation : Response to ECF No. #52 Motion to Dismiss due by 8/30/2021. Signed by Chief Judge Miranda M. Du on 8/24/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 59
Proposed Discovery Plan and Scheduling Order by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 58
First STIPULATION FOR EXTENSION OF TIME (First Request) re #52 Motion to Dismiss by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 57
REPLY to Response to #34 Motion to Dismiss by Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. (Ireland, Kiel)
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Filing 56
ORDER granting ECF No. #55 Stipulation. The State Defendants' time to file a reply to ECF No. #34 Motion to Dismiss is extended seven days to August 23, 2021. Signed by Chief Judge Miranda M. Du on 8/16/2021. (Copies have been distributed pursuant to the NEF - SC)
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Filing 55
STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order to Extend State Defendants' Deadline to File Reply to Response to Motion to Dismiss re #34 Motion to Dismiss by Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. (Ireland, Kiel)
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Filing 54
NOTICE of Appearance by attorney Kiel Brunetti Ireland on behalf of Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. (Ireland, Kiel)
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Filing 53
RESPONSE to #34 Motion to Dismiss by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. Replies due by 8/16/2021. (Attachments: #1 Exhibit) (OMara, David)
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Filing 52
MOTION to Dismiss #1 Complaint,, by Defendants Daniel J. Coverley, Mark Jackson. Responses due by 8/23/2021. (Wadle, Zachary)
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Filing 51
ORDER denying ECF No. #6 Motion for Preliminary Injunction. Signed by Chief Judge Miranda M. Du on 7/26/2021.(Copies have been distributed pursuant to the NEF - SC)
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Filing 50
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/20/2021. The Court grants the stipulation (ECF No. #49 ) to extend time to file response to State Defendants' motion to dismiss (ECF No. #34 .) Responses are due 14 days after the Court issues its ruling on Plaintiff's motion for preliminary injunction (ECF No. #6 ) or by 8/31/2021. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 49
First STIPULATION FOR EXTENSION OF TIME (First Request) re #34 Motion to Dismiss by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 48
MINUTES OF PROCEEDINGS - Video Conference Motion Hearing held on 7/16/2021 before Chief Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Raymond DiGuiseppe, David O'Mara, Adam Kraut, William Sack; Def Counsel: Jeffrey Conner (for state defendants); Nicholas Crosby (for Clark County Defendants) and Zachary Wadle (for Douglas County Defendants); Court Reporter: Kathy French; Time of Hearing: 1:30 PM - 2:30 PM; Courtroom: 5. The Court advises counsel that it has reviewed Plaintiff's motion for preliminary injunction (ECF No. #6 ), the responses (ECF Nos. #25 , #31 and #32 ) and the reply (ECF No. #40 .) Mr. DiGuiseppe and Mr. Conner present argument. The Court takes the matter under advisement. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 47
Joint STATUS REPORT Concerning Hearing on Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 46
NOTICE of Appearance by attorney Jeffrey M Conner on behalf of Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. Notice of Appearance (Conner, Jeffrey)
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Filing 45
EXHIBIT LIST Exhibit and Witness List Pursuant to Court's Minute Order (ECF No. 12) Regarding Motion for Preliminary Injunction by Defendants Daniel J. Coverley, Mark Jackson. (Wadle, Zachary)
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Filing 44
EXHIBIT LIST Defendant Steven Wolfson's Exhibit & Witness List Pursuant to Court's Order (ECF No. 12) Regarding Motion for Preliminary Injunction by Defendant Steven Wolfson. (Crosby, Nicholas)
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Filing 43
EXHIBIT LIST Defendant Joseph Lombardo's Exhibit & Witness List Pursuant to Court's Order (ECF No. 12) Regarding Motion for Preliminary Injunction by Defendant Joseph Lombardo. (Crosby, Nicholas)
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Filing 42
EXHIBIT LIST for Hearing on Motion for Preliminary Injunction by Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. (Shevorski, Steven)
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Filing 41
EXHIBIT LIST for Hearing on Motion for Preliminary Injunction by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(OMara, David)
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Filing 40
REPLY to #31 Response, #6 Motion for Preliminary Injunction, #32 Response, #28 Response, #25 Response by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (Attachments: #1 Exhibit Declaration of Joseph G.S. Greenlee, #2 Exhibit Declaration of Joseph Ostini) (OMara, David)
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Filing 39
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 7/9/2021. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that the hearing set for 7/16/2021 at 1:30 PM in Reno Courtroom 5 before Chief Judge Miranda M. Du will be heard by Zoom Video Conference Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court.The Public may access and listen to the Sentencing Hearing as follows: Public telephonic participants shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 251-2909, and provide Access Code 3803398 and Security Code 071621 IT IS ORDERED that the following Video Conference Instructions be adhered to as follows: INSTRUCTIONS FOR VIDEO CONFERENCE HEARINGInvitations to the scheduled hearings will be sent via email thirty (30) minutes prior to the hearing to the participants email provided to the Court. * Ensure that the Zoom video conferencing application is updated prior to the time of the hearing.*Log on to the call ten (10) minutes prior to the hearing time.*Mute your sound prior to entering the hearing.*Do not talk over one another.*State your name prior to speaking for the record.*Do not have others in the video screen or moving in the background.*No recording of the hearing.*No forwarding of any video conference invitations. *Unauthorized users on the video conference will be removed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
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Filing 38
ORDER granting ECF No. #35 Stipulation : Joint Status Report due by 7/13/2021. Signed by Chief Judge Miranda M. Du on 7/8/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 37
ANSWER to #1 Complaint,, Defendant Steven Wolfson's Answer to Plaintiffs' Complaint filed by Steven Wolfson.(Crosby, Nicholas)
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Filing 36
ANSWER to #1 Complaint,, Defendant Joseph Lombardo's Answer to Plaintiffs' Complaint filed by Joseph Lombardo. Discovery Plan/Scheduling Order due by 8/22/2021.(Crosby, Nicholas) 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 35
STIPULATION FOR EXTENSION OF TIME (First Request) to File Status Report re 12 Minute Order,,,,,, by Plaintiff Firearms Policy Coalition, Inc.. (OMara, David)
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Filing 34
MOTION to Dismiss #1 Complaint,, by Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. Responses due by 7/20/2021. (Shevorski, Steven)
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Filing 33
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #2 Certificate of Interested Parties, #1 Complaint,,. Mindy McKay served on 6/24/2021. (OMara, David)
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Filing 32
RESPONSE to #6 Motion for Preliminary Injunction by Defendants Daniel J. Coverley, Mark Jackson. Replies due by 7/9/2021. (Wadle, Zachary)
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Filing 31
RESPONSE to #6 Motion for Preliminary Injunction by Defendants Aaron Ford, Mindy McKay, Stephen Sisolak, George Togliatti. Replies due by 7/9/2021. (Shevorski, Steven)
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Filing 30
ORDER granting ECF No. #29 Stipulation to Extend Time : Douglas County Defendants to file their response to Plaintiffs' complaint within 14 days after this Court issues a final order on Plaintiffs' pending Motion for Preliminary Injunction (ECF No. #6 ). Signed by Magistrate Judge William G. Cobb on 7/1/2021. (Copies have been distributed pursuant to the NEF - DRM)
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Filing 29
First STIPULATION FOR EXTENSION OF TIME (First Request) To File Response to Complaint by Defendants Daniel J. Coverley, Mark Jackson. (Wadle, Zachary)
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Filing 28
RESPONSE to #6 Motion for Preliminary Injunction by Defendant Steven Wolfson. Replies due by 7/7/2021. (Crosby, Nicholas)
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Filing 27
NOTICE of Appearance by attorney Nicholas Crosby on behalf of Defendant Steven Wolfson. (Crosby, Nicholas)
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Filing 26
ACCEPTANCE OF SERVICE by Steven Wolfson on 6/25/2021 executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #2 Certificate of Interested Parties, 10 Order on Motion to Expedite,,,,, Minute Order,,,, #1 Complaint,, 12 Minute Order,,,,,, #6 Motion for Preliminary Injunction, #7 Motion to Expedite. (OMara, David)
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Filing 25
RESPONSE to #6 Motion for Preliminary Injunction by Defendant Joseph Lombardo. Replies due by 7/5/2021. (Crosby, Nicholas)
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Filing 24
ORDER granting ECF No. #21 Verified Petition for Permission to Practice Pro Hac Vice for Raymond M. DiGuiseppe, representing Plaintiffs and approving Designation of Local Counsel, David O'Mara. Signed by Chief Judge Miranda M. Du on 6/22/2021. 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 - SC)
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Filing 23
ORDER granting ECF No. #20 Verified Petition for Permission to Practice Pro Hac Vice for Adam Kraut, representing Plaintiffs and approving Designation of Local Counsel, David O'Mara. Signed by Chief Judge Miranda M. Du on 6/22/2021. 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 - SC)
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Filing 22
ORDER granting ECF No. #19 Verified Petition for Permission to Practice Pro Hac Vice for William Sack representing Plaintiffs and approving Designation of Local Counsel, David O'Mara. Signed by Chief Judge Miranda M. Du on 6/22/2021. 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 - SC)
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Filing 21
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Raymond M. DiGuiseppe, Esq. and DESIGNATION of Local Counsel David C. O'Mara, Esq. (Filing fee $ 250 receipt number 0978-6532174) by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 20
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Adam Kraut, Esq. and DESIGNATION of Local Counsel David C. O'Mara, Esq. (Filing fee $ 250 receipt number 0978-6532168) by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 19
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by William Sack, Esq. and DESIGNATION of Local Counsel David C. O'Mara, Esq. (Filing fee $ 250 receipt number 0978-6532158) by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 18
CERTIFICATE OF SERVICE for #6 Motion for Preliminary Injunction, #7 Motion to Expedite by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 17
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #1 Complaint,,. Daniel J. Coverley served on 6/16/2021. (OMara, David)
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Filing 16
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #1 Complaint,,. Mark Jackson served on 6/16/2021. (OMara, David)
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Filing 15
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #1 Complaint,,. George Togliatti served on 6/15/2021. (OMara, David)
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Filing 14
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #1 Complaint,,. Aaron Ford served on 6/15/2021. (OMara, David)
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Filing 13
SUMMONS Returned Executed by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer re #1 Complaint,,. Stephen Sisolak served on 6/15/2021. (OMara, David)
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Filing 12
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/22/2021. By Deputy Clerk: Peggie Vannozzi. The hearing on Plaintiffs' motion for preliminary injunction (ECF No. #6 ) is set for 7/16/2021 at 1:30 p.m. in Courtroom 5 before Chief Judge Miranda M. Du. To the extent the parties request to present evidence at the hearing on Plaintiff's motion for preliminary injunction (ECF No. #6 ), the parties are directed to coordinate exhibits and witnesses and file a status report with the Court no later than 7 days prior to the hearing. The exchanged witness lists must contain each witness's identity, contact information, and brief summaries of anticipated testimony to fairly afford the other party sufficient notice of the substance of the other party's expected testimony. In the status report to the Court, the parties must stipulate to any undisputed material facts and items of evidence. The parties must otherwise state with specificity the objections to any asserted material fact or item of evidence. The parties are directed to file their separate exhibit lists and witness lists no later than 5 days prior to the hearing. For exhibits, Plaintiffs are to use numerals 1-499 and Defendants are to use numerals 500 and above. Counsel is 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)
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Filing 11
Summons Issued as to Mindy McKay re ECF No. #1 Complaint. (SC)
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Filing 10
MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 6/21/2021. Plaintiffs filed a motion for an expedited briefing schedule (ECF No. 7) that accompanied their motion for a preliminary injunction (ECF No. 6). The Court, having reviewed the motion for an expedited briefing schedule, is unable to decipher if the motion is filed pursuant to LR IA 6-1(d) to shorten time or to LR 7-4 governing emergency motions. The Court construes the motion as a request to shorten time but given that the dates of service on Defendants vary, the Court will deny Plaintiffs' proposed briefing schedule. Alternatively, the Court directs that each Defendant files their response to Plaintiffs' motion for a preliminary injunction 14 days from service of the summons, complaint, and the preliminary injunction motion. Plaintiffs' reply is due on or before July 9, 2021. The Court will issue a separate order setting the hearing on the preliminary injunction motion. (Copies have been distributed pursuant to the NEF - KL)
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Filing 9
PROPOSED SUMMONS to be issued by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 8
NOTICE of Appearance by attorney Nicholas Crosby on behalf of Defendant Joseph Lombardo. (Crosby, Nicholas)
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Filing 7
MOTION to Expedite Briefing Schedule and Consideration of their Motion for Preliminary Injunction re #6 Motion for Preliminary Injunction by Plaintiffs Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. (OMara, David)
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Filing 6
MOTION for Preliminary Injunction by Plaintiff Firearms Policy Coalition, Inc.. Responses due by 7/2/2021. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration) (OMara, David)
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Filing 5
ACCEPTANCE OF SERVICE by Joseph Lombardo on 6/16/2021 executed by Firearms Policy Coalition, Inc. re #1 Complaint,, #4 Summons Issued,. (OMara, David)
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Filing 4
SUMMONSES ISSUED re ECF No. #1 Complaint - Summons Stephen Sisolak. (Attachments: #1 Summons Daniel Coverley, #2 Summons Aaron Ford, #3 Summons Mark Jackson, #4 Summons Joseph Lombardo, #5 Summons Mindy McKay, #6 Summons George Togliatti, #7 Summons Steven Wolfson) (KR)
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Filing 3
STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief 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. (Copies have been distributed pursuant to the NEF - PAV)
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Filing 2
CERTIFICATE of Interested Parties by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. There are no known interested parties other than those participating in the case (OMara, David)
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6519051) by Firearms Policy Coalition, Inc., Chad Moxley, Roger Palmer. Proof of service due by 9/8/2021. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons) (OMara, David) 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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Case randomly assigned to Chief Judge Miranda M. Du and Magistrate Judge William G. Cobb. (LE)
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