Townley et al vs State of Nevada, et al

Filing 47

ORDERED that parties are to file briefs regarding a motion for stay pending appeal on or before Friday, September 7, 2012 and oral argument is set for 09:00AM, Friday, September 14, 2012, in Reno Courtroom 6, Bruce R. Thompson Building and U.S. Courthouse, 400 South Virginia Street, Reno, Nevada 89501. Signed by Chief Judge Robert C. Jones on 8/30/2012. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. USCA case # 12-16881, 12-16882 .(Copies have been distributed pursuant to the NEF - DRM)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

7
8
9

WENDY TOWNLEY, et al.

10

Plaintiffs,
vs.

11

CASE NO.: 3:12-CV-00310-RCJ-WGC
ORDER SETTING DATE FOR ORAL
ARGUMENT AND BRIEFING
SCHEDULE

ROSS MILLER, Secretary of State,
12
Defendants.
13
14

On pending Motion for Stay and Appeal by Defendant/Intervenor:

15

Whereas argument was held on August 22, 2012, on Plaintiff’s Request for Preliminary

16

Injunction; and

17

Whereas at the conclusion of the hearing the Court orally expressed an intent to grant the

18

injunction as embodied in a subsequent written decision to be issued, and effective upon issuance of

19

the written decision; and

20
21

Whereas Defendant/Intervenor made an oral motion at the hearing for stay of the written
order upon its issuance pending appeal to the Ninth Circuit Court of Appeals; and

22

Whereas to accommodate counsel the Court expressed intention to deny the stay upon

23

issuance of the written decision, so that Defendant/Intervenor’s counsel would not have to file a

24

separate motion for stay and obtain a hearing for the same in this Court; and

25

Whereas counsel for Defendant/Intervenor have now filed a premature Notice of Appeal

26

(ECF ##40, 41) and Appellant/Defendant Ross Miller’s premature Emergency Motion Under

27

///

28

///

1

Circuit Rule 27-3 Emergency Motion for Stay Of Order Granting Preliminary Injunction

2

(DKT #6-1) in the Ninth Circuit Court of Appeals Consolidated Case Nos.: 12-16881/12-16882 for

3

stay of a preliminary injunction; and

4

Whereas this Chamber has been contacted by Judge Stephen Reinhardt of the Ninth Circuit

5

Court of Appeals through the Ninth Circuit Clerk’s Office, requesting an early entry of this Court’s

6

written injunction decision so that he might entertain the premature notice of appeal and emergency

7

motion for stay pending appeal; and

8
9
10
11
12
13

Whereas this Court is reminded of its obligation to give careful consideration to any request
for stay pending appeal prior to the entertainment of that motion before the Ninth Circuit Court of
Appeals;
Therefore this Court will order briefing on the motion for stay pending appeal and set a
hearing for such motion accordingly.
IT IS HEREBY ORDERED that parties are to file briefs regarding a motion for stay pending

14

appeal on or before Friday, September 7, 2012 and oral argument is set for 09:00AM, Friday,

15

September 14, 2012, in Reno Courtroom 6, Bruce R. Thompson Building and U.S. Courthouse, 400

16

South Virginia Street, Reno, Nevada 89501.

17

IT IS SO ORDERED.

18

DATED: This 30th day of August, 2012.

19
20
21
22

_________________________________________
ROBERT C. JONES
Chief Judge

23
24
25
26
27
28
-2-