Deans v. Las Vegas Clark County et al

Filing 24

ORDER Granting 22 Stipulation to File Amended Complaint. Plaintiff shall file an Amended Complaint within 20 days of the filing of the Court's order re 3 Motion for Preliminary Injunction. Defendants shall have up to and including 20 days to respond to the Amended Complaint. Signed by Judge Andrew P. Gordon on 11/8/2016. (Copies have been distributed pursuant to the NEF - SLD)

Case 2:16-cv-02405-APG-PAL Document 22 Filed 11/07/16 Page 1 of 3

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DENNIS L. KENNEDY
Nevada Bar No. 1462
KELLY B. STOUT
Nevada Bar No. 12105
BAILEYKENNEDY
8984 Spanish Ridge Avenue
Las Vegas, Nevada 89148-1302
Telephone: [phone]
Facsimile: 702.562.8821
[e-mail]
[e-mail]
Attorneys for Defendants
Las Vegas-Clark County Library District and
Ronald R. Heezen

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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12 WILLIAM DEANS, an individual,
Plaintiff,

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Case No. 2:16-cv-02405-APG-PAL

vs.

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15 LAS VEGAS CLARK COUNTY LIBRARY
DISTRICT; RONALD R. HEEZEN, (in his
16 official capacity); COLLEGE OF SOUTHERN
NEVADA; ANTONIA MARIE SUMMERLIN
17 (Badge No. 228) (in her personal and official
capacity); RANDALL PERKINS (Badge No.
18 104) (in his professional capacity); JANE DOE;
JOHN ROE; and JANE POE,
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Defendants.
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STIPULATION AND ORDER TO FILE AMENDED COMPLAINT

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Pursuant to FRCP 15, LR 7-1, and LR IA 6-2, Defendants Las Vegas-Clark County Library

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District (“Library District”), Ronald R. Heezen (“Heezen”), College of Southern Nevada (“CSN”),

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Antonia Marie Summerlin (“Summerlin”), and Randal Perkins (“Perkins”) (collectively, the

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“Defendants”); and Plaintiff William Deans (“Deans” or “Plaintiff”) 1 by and through their counsel of

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record, hereby submit this stipulation permitting Deans to file an Amended Complaint and setting

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Defendants’ time to respond to the Amended Complaint.

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Deans and Defendants shall be referred to collectively as the “Parties.”

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Case 2:16-cv-02405-APG-PAL Document 22 Filed 11/07/16 Page 2 of 3

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1.

WHEREAS, Deans filed his Complaint [ECF No. 1] and an Emergency Motion for

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Temporary Restraining Order and Motion for Preliminary Injunction [ECF No. 3] on October 15,

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2016;

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WHEREAS, the Court held a hearing on Deans’ Motion for Temporary Restraining

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Order on October 17, 2016, and granted the Motion in part (see Minutes of Proceedings [ECF No.

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7]);

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WHEREAS, at the hearing on Deans’ Motion for Temporary Restraining Order, the

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Court further ordered a briefing schedule on Deans’ Motion for Preliminary Injunction and set an

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evidentiary hearing to take place on November 1, 2016;

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WHEREAS, at the November 1, 2016 hearing on Deans’ Motion for Preliminary

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Injunction, the Court heard arguments of counsel, heard testimony of witnesses, and admitted

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exhibits;

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WHEREAS, at the conclusion of the November 1, 2016 hearing, the Court took the

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matter under advisement and ordered that the temporary restraining order remain in effect subject to

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additional restrictions pending further order of the Court (see Minutes of Proceedings [ECF No.

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21]);

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argument offered at the November 1, 2016 hearing; and

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WHEREAS, Deans wishes to amend his Complaint based on the evidence and

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WHEREAS, the Parties wish to make efficient use of the Parties’ and judicial

resources;

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8.

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THE PARTIES HEREBY STIPULATE AND AGREE AS FOLLOWS:
a. Deans shall file an Amended Complaint within twenty (20) days of the filing

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of the Court’s order on Dean’s Motion for Preliminary Injunction.

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b. Defendants need not respond to the October 15, 2016 Complaint, and instead,

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shall have up to and including twenty (20) days to respond to the Amended

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Complaint.

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Case 2:16-cv-02405-APG-PAL Document 22 Filed 11/07/16 Page 3 of 3

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c. Notwithstanding this Stipulation, Defendants reserve the right to assert any all

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defenses under FRCP 12 and all other applicable law.

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Dated: November 7, 2016

Dated: November 7, 2016

Dated: November 7, 2016

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By: /s/ Marc J. Randazza
RANDAZZA LEGAL
GROUP, PLLC
MARC J. RANDAZZA
ALEX J. SHEPARD
D. GILL SPERLEIN

By: /s/ Kelly B. Stout
BAILEYKENNEDY
DENNIS L. KENNEDY
KELLY B. STOUT

By: /s/ Richard L. Hinckley
COLLEGE OF
SOUTHERN NEVADA
RICHARD L. HINCKLEY
DIANE L. WELCH

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Attorneys for Plaintiff
WILLIAM DEANS

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Attorneys for Defendants
LAS VEGAS-CLARK
COUNTY LIBRARY
DISTRICT and RONALD R.
HEEZEN

Attorneys for Defendants
COLLEGE OF SOUTHERN
NEVADA; ANTONIA MARIE
SUMMERLIN; and
RANDALL PERKINS

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IT IS SO ORDERED:

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UNITED STATES DISTRICT COURT JUDGE

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Dated:

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Respectfully Submitted by:

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BAILEYKENNEDY

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November 8, 2016
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By: /s/ Kelly B. Stout
DENNIS L. KENNEDY
KELLY B. STOUT

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Attorneys for Defendants
LAS VEGAS-CLARK COUNTY
LIBRARY DISTRICT and RONALD R.
HEEZEN

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