Deans v. Las Vegas Clark County et al

Filing 4

ORDER that plaintiff William Deans shall serve the complaint, his motion for a temporary restraining order, and a copy of this order on the defendants immediately. FURTHER ORDERED that plaintiff William Deans' emergency motion for a temporary restraining order (ECF No. 3 ) is set for hearing as follows: if Deans is able to serve the defendants by 1:30 p.m. today, and provide proof of service, then the hearing will be at 4:00 p.m. today. If not, then the hearing will be at 10:00 a.m. tomorrow, October 18, 2016. The hearing will take place in courtroom 6C in Las Vegas. Signed by Judge Andrew P. Gordon on 10/17/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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WILLIAM DEANS,

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

v.
LAS VEGAS CLARK COUNTY LIBRARY
DISTRICT, et al.,

ORDER (1) DENYING REQUEST TO
HEAR MOTION FOR TEMPORARY
RESTRAINING ORDER ON AN EX
PARTE BASIS; (2) DIRECTING
SERVICE; AND (3) SETTING
HEARING

Defendants.

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(ECF No. 3)

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Plaintiff William Deans filed this civil rights lawsuit alleging the defendants violated his

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First Amendment rights by prohibiting him from attempting to obtain signatures for a petition and

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educating voters about how to register to vote. According to Deans, he was in a public plaza

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outside a public library on the campus of the College of Southern Nevada and was not obstructing

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the entrance. He asserts the defendants told him he had to pre-register and he had to move to a

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designated location which, according to Deans, is far from foot traffic into the library. Deans also

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alleges the defendants issued him a trespass notice under which he may not visit any branch of the

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Las Vegas-Clark County Library District for one year. They then threatened him with arrest if he

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did not leave.

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Under threat of arrest, Dean left and later complained to defendant Randall Perkins, a

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lieutenant with the campus police. Perkins allegedly told Deans that he would investigate the

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incident but that the investigation would be completed no earlier than October 25, 2016. Deans

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requested Perkins lift the trespass notice while the investigation was pending but Perkins refused.

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Deans seeks emergency injunctive relief because the deadline to register voters in Nevada

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expires tomorrow, October 18, 2016, and the national election is rapidly approaching.

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Deans seeks relief on an ex parte basis but provides no basis to proceed without notice to

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the defendants. Deans has not complied with Local Rule 7-4 for emergency motions because he

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has not provided the office addresses and telephone numbers of all affected parties nor has he

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provide a statement certifying when and how the defendants were notified of the motion or, if not

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notified, why it was not practicable to do so.

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Nevertheless, given the importance of the issues involved and the voter registration

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deadline tomorrow, I will not strike Deans’ motion. But I will not consider it on an ex parte

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basis. I therefore direct Deans to serve the complaint, his motion for a temporary restraining

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order, and a copy of this order on the defendants immediately so that all parties may be heard at

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the hearing on the motion. If Deans is able to serve the defendants by 1:30 p.m. today, then

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the hearing will be at 4:00 p.m. today. If not, then the hearing will be at 10:00 a.m.

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tomorrow, October 18, 2016.

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IT IS THEREFORE ORDERED that plaintiff William Deans shall serve the complaint,

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his motion for a temporary restraining order, and a copy of this order on the defendants

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immediately.

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IT IS FURTHER ORDERED that plaintiff William Deans’ emergency motion for a

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temporary restraining order (ECF No. 3) is set for hearing as follows: if Deans is able to serve

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the defendants by 1:30 p.m. today, and provide proof of service, then the hearing will be at

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4:00 p.m. today. If not, then the hearing will be at 10:00 a.m. tomorrow, October 18, 2016.

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The hearing will take place in courtroom 6C in Las Vegas.

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DATED this 17th day of October, 2016.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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