Kalthoff et al v. Douglas County
Plaintiff: Robert Michael Kalthoff, Katherine Kalthoff, Evie Viera, David Isenberg, Jim Thulin, Sean Ward, World Class Property Management, Inc., Jetco Industries and Zorka Aguilar
Defendant: Douglas County
Case Number: 3:2021cv00293
Filed: July 8, 2021
Court: US District Court for the District of Nevada
Presiding Judge: Carla Baldwin
Referring Judge: Robert C Jones
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 2, 2021 Opinion or Order Filing 21 ORDER granting ECF No. #20 Stipulation : Blind briefs due by 10/1/2021. The Preliminary Injunction Hearing set for October 18, 2021, is vacated and will be rescheduled to a convenient time for the Court in November, 2021. The Temporary Restraining Order issued by this Court on July 15, 2021 (ECF No. #12 / #14 ) will remain in effect until a ruling is made on a Preliminary Injunction. Signed by Judge Robert C. Jones on 9/2/2021. (Copies have been distributed pursuant to the NEF - DRM)
August 31, 2021 Filing 20 STIPULATION TO CONTINUE (Second Request) re 19 Minute Order Setting Hearing, by Plaintiff Robert Michael Kalthoff. (Campbell, Richard)
August 27, 2021 Filing 19 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones on 8/27/2021. By Deputy Clerk: Lesa Ettinger.IT IS ORDERED that Preliminary/Permanent Injunction Hearing is set for Monday, 10/18/2021 at 01:00 PM in Reno Courtroom 3 before Judge Robert C. Jones. (no image attached) (Copies have been distributed pursuant to the NEF - LE)
August 3, 2021 Opinion or Order Filing 18 ORDER granting ECF No. #16 Stipulation. The blind briefs currently due on August 2, 2021, under the Court's order of July 15, 2021 (ECF No. #14 ), will now be due on September 17, 2021, and the Preliminary Injunction Hearing set for August 26, 2021, is vacated and will be rescheduled at a convenient time for the Court in October 2021. Signed by Judge Robert C. Jones on 8/3/2021. (Copies have been distributed pursuant to the NEF - SC)
August 2, 2021 Filing 17 ERRATA to #16 Stipulation by Plaintiff Robert Michael Kalthoff. (Attachments: #1 Exhibit Amended Stipulation) (Campbell, Richard)
July 29, 2021 Opinion or Order Filing 16 STIPULATION and Order to Vacate Briefing Schedule and Hearing on Preliminary Injunction re #12 Order on Motion for TRO,,,,,,,,,,,,, 11 Motion Hearing,,,,,,,,,,,, by Plaintiff Robert Michael Kalthoff. (Campbell, Richard)
July 20, 2021 Filing 15 CERTIFICATE of Interested Parties by Robert Michael Kalthoff. There are no known interested parties other than those participating in the case (Campbell, Richard)
July 15, 2021 Opinion or Order Filing 14 AMENDED ORDER - The Motion for Temporary Restraining Order (ECF No. 3 ) is GRANTED IN PART. Defendant shall be temporarily restrained from compelling Plaintiffs from posting a notice, as required by 20.622.040(D)(10)(j) of the New Ordinance. Defendant shall be temporarily restrained from imposing a fine of greater than $5,000 for a single violation. The majority of the board shall be comprised of VHR Tier 1 permitholders and/or non-permitholders. The occupancy limit of four people per vehicle under ( 20.622.040(D)(1) shall not be enforced. This temporary restraining order is hereby conditioned upon Plaintiff's filing with the Clerk of this Court no later than 5:00 P.M. on July 15, 2021, an undertaking in the form of a bond, a certified, cashier's or attorney's check, or cash, in the amount of $5,000.00 to secure the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained hereby. Unless otherwise ordered by this Court, this temporary restraining order is and shall remain in full force and effect until 5:00 P.M., August 26, 2021. Oral argument on the preliminary injunction via Zoom Video is set for 10:00 A.M. (PDT), Thursday, August 26, 2021. The parties are directed to contact the courtroom deputy by Noon, Thursday, August 19, 2021. See Order for further Video Conference Instructions. Signed by Judge Robert C. Jones on 7/15/2021. (Copies have been distributed pursuant to the NEF - SC)
July 15, 2021 Filing 13 CERTIFICATE of Cash Deposit as to Robert Michael Kalthoff: $ 5,000.00, receipt number NVRNO5300 re ECF No. #12 Order. (SC)
July 15, 2021 Opinion or Order Filing 12 ORDER - The Motion for Temporary Restraining Order (ECF No. #3 ) is GRANTED IN PART. Defendant shall be temporarily restrained from compelling Plaintiffs from posting a notice, as required by 20.622.040(D)(10)(j) of the New Ordinance. Defendant shall be temporarily restrained from imposing a fine of greater than $5,000 for a single violation. The majority of the board shall be comprised of VHR Tier 1 permitholders and/or non-permitholders. The occupancy limit of four people per vehicle under ( 20.622.040(D)(1) shall not be enforced. This temporary restraining order is hereby conditioned upon Plaintiff's filing with the Clerk of this Court no later than 5:00 P.M. on July 15, 2021, an undertaking in the form of a bond, a certified, cashier's or attorney's check, or cash, in the amount of $5,000.00 to secure the payment of such costs and damages as may be incurred or suffered by any party who is found to have been wrongfully enjoined or restrained hereby. Unless otherwise ordered by this Court, this temporary restraining order is and shall remain in full force and effect until 5:00 P.M., August 26, 2021. Calendar Call via Zoom Video is set for 10:00 A.M. (PDT), Thursday, August 26, 2021. The parties are directed to contact the courtroom deputy by Noon, Thursday, August 19, 2021. See Order for further Video Conference Instructions. Signed by Judge Robert C. Jones on 7/15/2021. (Copies have been distributed pursuant to the NEF - SC)
July 14, 2021 Filing 11 MINUTES OF PROCEEDINGS - VIDEO Motion Hearing re: Motion for Temporary Restraining Order (ECF No. #3 ) held on 7/14/2021 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Richard Campbell and Sihomara Graves; Def Counsel: Douglas Ritchie, Carey Rosser and Jenifer Davidson; Court Reporter: Margaret Griener; Time of Hearing: 10:30 a.m. - Stack; Courtroom: 3; The Court makes preliminary remarks and hears arguments of counsel regarding Plaintiffs' motion for temporary restraining order (ECF No. #3 ).For reasons stated on the record, Plaintiffs' motion for temporary restraining order is granted in part and denied in part. Written order will issue.IT IS ORDERED counsel shall submit blind briefs to Chambers by email addressed to Carrie_Lipparelli@nvd.uscourts.gov not later than twenty (20) days from the date of these proceedings. IT IS FURTHER ORDERED that Plaintiff shall post a bond in the amount of $5,000.00. IT IS FURTHER ORDERED that a Preliminary Injunction hearing is scheduled for Thursday, 8/26/2021 at 10:00 AM before Judge Robert C. Jones utilizing zoom conferencing technology. The parties are directed to contact the courtroom deputy Lesa Ettinger (Lesa_Ettinger@nvd.uscourts.gov) by Noon, Monday, 8/23/2021 to provide her the email address of each counsel, party and/or representative attending the Status Conference Hearing. The following Zoom Video Conference Instructions be adhered to as follows: Instructions and zoom invite to the scheduled hearings will be sent via email at least ONE (1) day prior to the hearing to the participants email provided to the Court.1. Log on to the call ten (10) minutes prior to the hearing time.2. Mute your sound prior to entering the hearing.3. Do not talk over one another.4. State your name prior to speaking for the record.5. Do not have others in the video screen or moving in the background.6. No recording of the hearing.7. No forwarding of any video conference invitations.8. Unauthorized users on the video conference will be removed.For clarity of the record and best participation, the court recommends that all participants use a headset with a microphone during the hearing.Reminder: Please take notice that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may NOT record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court will be subject to civil and/or criminal contempt penalties by this Court.Members of the public may access and listen to the proceeding by telephone. Public telephonic participants shall call AT&T no later than five (5) minutes prior to the hearing at 1 (888) 675-2535; Access Code is 2900398; Security Code 082621. Participants must place their phone on mute. (no image attached) (Copies have been distributed pursuant to the NEF - LE) Modified on 7/21/2021 (CL). Modified on 8/19/2021 (CL).
July 12, 2021 Filing 10 RESPONSE to #3 Motion for TRO by Defendant Douglas County. Replies due by 7/19/2021. (Ritchie, Douglas)
July 12, 2021 Filing 9 EXHIBIT LIST Defendant's Proposed Index of Exhibits for Oral Argument on July 14, 2021 by Defendant Douglas County. (Ritchie, Douglas)
July 12, 2021 Filing 8 EXHIBIT LIST for oral argument July 14, 2021 by Plaintiffs Zorka Aguilar, David Isenberg, Jetco Industries, Katherine Kalthoff, Robert Michael Kalthoff, Jim Thulin, Evie Viera, Sean Ward, World Class Property Management, Inc.. (Campbell, Richard)
July 12, 2021 Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones on 7/12/2021. By Deputy Clerk: Lesa Ettinger.IT IS ORDERED that the Video Motion Hearing Re: #3 MOTION for Temporary Restraining Order by Plaintiff Robert Michael Kalthoff currently scheduled for Wednesday, 7/14/2021 at 10:00 AM is RESCHEDULED (IN TIME ONLY) to 10:30 AM before Judge Robert C. Jones utilizing zoom video conferencing technology. (no image attached) (Copies have been distributed pursuant to the NEF - LE)
July 9, 2021 Filing 6 SUMMONS Returned Executed by Robert Michael Kalthoff re #5 Order,,,,, Set/Reset Deadlines & Hearings,,,, #4 Summons Issued, #1 Complaint,, #3 Motion for TRO. Douglas County served on 7/9/2021. (Campbell, Richard)
July 9, 2021 Opinion or Order Filing 5 ORDER - oral argument is set via Zoom Video for 10:00 A.M., WEDNESDAY, JULY 14, 2021, before Judge Robert C. Jones. No later than FRIDAY, JULY 9, 2021, Plaintiffs shall serve Defendant with a copy of this Order, along with copies of the Complaint (ECF No. #1 ) and Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #3 ). Plaintiffs shall file proof of service of the Complaint (ECF No. #1 ) and Plaintiff's Ex-Parte Motion for Temporary Restraining Order and Preliminary Injunction with the Court no later than FRIDAY, JULY 9, 2021. Defendant shall file a response to Plaintiff's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #3 ) before 5:00 P.M. MONDAY, JULY 12, 2021. The parties are directed to contact the courtroom deputy, Lesa Ettinger, by 3:00P.M., MONDAY, JULY 12, 2021 regarding the hearing. If the parties intend to offer exhibits during oral argument, they shall file an exhibit list by 3:00 P.M., MONDAY, JULY 12, 2021. See order for further information. Signed by Judge Robert C. Jones on 7/9/2021. (Copies have been distributed pursuant to the NEF - SC)
July 9, 2021 Filing 4 SUMMONS ISSUED as to Douglas County re ECF No. #1 Complaint. (SC)
July 8, 2021 Filing 3 MOTION for Temporary Restraining Order by Plaintiff Robert Michael Kalthoff. (Attachments: #1 Declaration, #2 Exhibit, #3 Affidavit, #4 Affidavit, #5 Affidavit, #6 Affidavit, #7 Affidavit) (Campbell, Richard)
July 8, 2021 Filing 2 PROPOSED SUMMONS to be issued to Douglas County by Plaintiff Robert Michael Kalthoff. (Campbell, Richard)
July 8, 2021 Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number 0978-6550669) by Robert Michael Kalthoff. Proof of service due by 10/6/2021. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Part I, #3 Exhibit Part II) (Campbell, Richard) 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.
July 8, 2021 Case randomly assigned to District Judge Robert C. Jones and Magistrate Judge Carla Baldwin. (WJ)

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Plaintiff: Robert Michael Kalthoff
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Katherine Kalthoff
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Evie Viera
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: David Isenberg
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Jim Thulin
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Sean Ward
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: World Class Property Management, Inc.
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Jetco Industries
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Plaintiff: Zorka Aguilar
Represented By: Richard G. Campbell, Jr.
Represented By: Sihomara L. Graves
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Defendant: Douglas County
Represented By: Douglas V Ritchie
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