People's Legislature et al v. Ross Miller

Filing 30

ORDER Granting 29 Motion for Leave to File Supplement. IT IS FURTHER ORDERED that plaintiff shall have up to and including 3/22/12 to file a response, if any, to the supplement. Signed by Judge James C. Mahan on 3/19/12. (Copies have been distributed pursuant to the NEF - EDS)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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THE PEOPLE’S LEGISLATURE, et al.,

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2:12-CV-272 JCM (VCF)

Plaintiffs,

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v.
ROSS MILLER,

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Defendant.

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ORDER

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Presently before the court is proposed intervenor-defendant, the Nevada Legislature’s motion

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seeking leave to file a supplemental response seeking remand.1 (Doc. #29). Plaintiff has not filed

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a response.

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Good cause being shown, the Nevada Legislature’s motion is granted. The court will take

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note of the supplemental response (doc. #29-1) in determining whether this matter should be

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remanded. Further, the court will grant plaintiffs an opportunity to respond to the supplemental

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motion.

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...

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...

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James C. Mahan
U.S. District Judge

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This court has not yet ruled on the Nevada Legislature’s motion to intervene, rendering the
Nevada Legislature as a non-party. However, the court will construe the Nevada Legislature as
amicus curiae and accept its response and supplemental brief as amicus briefs. See PEST Comm.
v. Miller, 648 F. Supp.2d 1202, 1214 (D. Nev. 2009) (treating responsive documents filed by
proposed intervenor-defendants “as the equivalent of an amicus brief.”).

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Pursuant to the forgoing,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the Nevada Legislature’s

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motion seeking leave to file a supplement (doc. #29) be, and the same hereby is, GRANTED.
IT IS FURTHER ORDERED that plaintiffs shall have up to, and including, Thursday, March
22, 2012, to file a response, if any, to the supplement.
DATED March 19, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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