Luna et al v. Cegavske et al

Filing 58

ORDER denying 23 Motion to Dismiss; ORDER denying 34 Motion to Dismiss; ORDER denying 17 Motion for Preliminary Injunction; Signed by Judge James C. Mahan on 8/6/2018. (Copies have been distributed pursuant to the NEF - JM)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

NORA LUNA, et al.,

8

Plaintiff(s),

9
10

Case No. 2:17-CV-2666 JCM (GWF)
ORDER

v.
BARBARA CEGAVSKE, et al.,

11

Defendant(s).

12
13
14

Presently before the court is the matter of Luna, et al. v. Cegavske, et al., case no. 2:17-cv02666-JCM-CWH.

15

On November 21, 2017, this court granted plaintiffs’ motion to stay hearings on plaintiffs’

16

preliminary injunction motion and defendants’ motions to dismiss, pending state court

17

proceedings. (ECF No. 42). The court held that it would be premature to hear argument or rule

18

on these three motions in advance of the state court’s determination as to the legal sufficiency of

19

the recall petitions. Id.

20

On May 9, 2018, the Eighth Judicial District Court in Clark County, Nevada held that the

21

recall petitions against Senators Woodhouse and Cannizzarro were legally insufficient under

22

Nevada state law. (ECF No. 56). On May 30, 2018, a notice of appeal was filed by the recall

23

proponents. Id. On June 11, 2018, the Nevada Supreme Court docketed the appeal, but a briefing

24

schedule has not yet been set. Id.

25

As the state court has yet to rule on the appeal, and a briefing schedule has not been set,

26

the court will continue the stay and deny all pending motions without prejudice.

27

...

28

...

James C. Mahan
U.S. District Judge

1

Accordingly,

2

IT IS HEREBY ORDERED that plaintiffs’ motion for preliminary injunction (ECF No.

3
4
5
6
7
8
9
10

17) be, and the same hereby is, DENIED without prejudice.
IT IS FURTHER ORDERED that defendant Joseph Gloria’s motion to dismiss (ECF No.
23) be, and the same hereby is, DENIED without prejudice.
IT IS FURTHER ORDERED that defendant Barbara Cegavske motion to dismiss (ECF
No. 34) be, and the same hereby is, DENIED without prejudice.
DATED August 6, 2018.
__________________________________________
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-