Garmong v. Tahoe Regional Planning Agency et al
ORDER - Defendants shall file an updated response to Plaintiff's Motion for a Preliminary Injunction (ECF No. 89 ) by December 4, 2020. Plaintiff may file an updated reply to this response by December 18, 2020. Defendants shall fi le their Motions to Dismiss the Operative Complaint by December 4, 2020. Responses and replies to these motions shall follow the ordinary course of briefing as dictated by the LR 7-2(b). Signed by Judge Robert C. Jones on 11/12/2020. (Copies have been distributed pursuant to the NEF - AB)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GREGORY O. GARMONG,
Case No. 3:17-CV-00444-RCJ-WGC
TAHOE REGIONAL PLANNING AGENCY,
Following appeal, this Court held a status hearing on July 20, 2020 to determine how the
case shall proceed. (ECF No. 132.) At this hearing, the Court instructed Plaintiff to refile his
motion for a preliminary injunction and to amend his complaint if he desired; both within fifteen
days. The Court also gave leave for Defendants to refile motions to dismiss but did not provide a
deadline. Lastly, the Court instructed the parties to file in-blind briefs on the issue of claim-by-
claim standing, which they have, (ECF Nos. 133–34.) In Plaintiff’s brief, he “elect[ed not to amend
his complaint and] to rest on his first amended complaint” and “request[ed] that the Court decide
the pending Motion for Preliminary Injunction and elect[ed] not to file a new or revised motion.”
(ECF No. 133.)
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This Court therefore orders that Defendants file an updated response to Plaintiff’s motion
for a preliminary injunction by December 4, 2020. Plaintiff may file an updated reply to this
response by December 18, 2020. In these briefs, the parties should address whether the motion is
moot as the construction appears to be complete. The record for Permit # ERSP2015-0778 is listed
on both TRPA’s parcel information database and its Accela Citizen Access database as “Project
https://parcels.laketahoeinfo.org/AccelaCAPRecord/Detail/ERSP2015-0778 (last visited Aug. 25,
2020); Record ERSP2015-0778, TRPA Accela Citizen Access, https://aaweb.trpa.org/
A&capID1=15HIS&capID2=00000&capID3=00986 (last visited Aug. 25, 2020). On the Parcel
Tracker page, one of the “CAP DOCUMENTS” is “FINAL INSPECTION PHOTOS TAKEN 10-
29-2019,” which includes photographs showing finished asphalt paving, landscaping, fencing, and
the monopole itself. Finally, both sites indicate that Defendant Verizon’s security interest was
released on “11/15/19.”
Additionally, Defendants shall file their motions to dismiss the operative complaint by
December 4, 2020. Responses and replies to these motions shall follow the ordinary course of
briefing as dictated by the LR 7-2(b).
IT IS SO ORDERED.
Dated November 12, 2020.
ROBERT C. JONES
United States District Judge
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