TOWNSEND et al v. Nevada State Contractors Board et al

Filing 7

ORDER that 6 Plaintiffs' Motion to Stay is DENIED. Signed by Magistrate Judge Nancy J. Koppe on 10/6/17. (Copies have been distributed pursuant to the NEF - MMM)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 DISTRICT OF NEVADA 9 10 T.L. TOWNSEND BUILDERS, LLC, et al., 11 Plaintiff(s), 12 v. 13 NEVADA STATE CONTRACTORS BOARD, et al., 14 Defendant(s). 15 ) ) ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-02507-JAD-NJK ORDER (Docket No. 6) 16 Pending before the Court is Plaintiffs’ motion to “stay” enforcement of the decision of the 17 Nevada State Contractors Board. Docket No. 6. The motion is premised on the power of this Court to 18 “control disposition of the cases on its docket.” Id. at 3 (emphasis added). Plaintiffs fail to explain how 19 the legal authority cited permits this Court to “stay” further action by a state entity, and the motion to 20 stay is therefore DENIED.1 21 It appears Plaintiffs are actually seeking a preliminary injunction to enjoin the Nevada State 22 Contractors Board from enforcing its decision. See Law Dictionary (7th ed.) (defining “injunction” as 23 24 25 26 27 28 1 The motion is also improper because it neither includes a proof of service establishing that notice of the motion was given to Nevada State Contractors Board, see Local Rule 5-1, nor provides a basis on which the Court could conclude that it would be proper to decide the motion on an ex parte basis without providing notice, see Maxson v. Mosaic Sales Solutions US Operating Co., 2015 WL 4661981, at *1-2 (D. Nev. July 29, 2015); see also Fed. R. Civ. P. 65(a)(1) (preliminary injunctions may be issued “only on notice to the adverse party”); Fed. R. Civ. P. 65(b)(1) (temporary restraining orders may be issued without notice only upon particular showing by the movant). 1 “[a] court order commanding or preventing an action”). This order is without prejudice to Plaintiffs 2 filing a motion for preliminary injunction that addresses the applicable standards. 3 IT IS SO ORDERED. 4 DATED: October 6, 2017 5 6 ______________________________________ Nancy J. Koppe United States Magistrate Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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