Protect Our Girls et al v. Cegavske et al

Filing 22

ORDER granting ECF No. #16 Motion to Extend Time : Rural County Defendants' Answer/response to ECF No. #1 Complaint due by 11/2/2020. Signed by Magistrate Judge William G. Cobb on 10/16/2020. (Copies have been distributed pursuant to the NEF - DRM)

Case 3:20-cv-00515-MMD-WGC Document 22 Filed 10/16/20 Page 1 of 4

10 PROTECT OUR GIRLS,
a Committee for Political Action (PAC),
11 Advocating Passage, et al.,
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

1 Marquis Aurbach Coffing
Craig R. Anderson, Esq.
2 Nevada Bar No. 6882
Brian R. Hardy, Esq.
3 Nevada Bar No. 10068
10001 Park Run Drive
4 Las Vegas, Nevada 89145
Telephone: [phone]
5 Facsimile: [phone]
[e-mail]
6 [e-mail]
Attorneys for Rural County Defendants
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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Plaintiffs,

13 vs.
14 BARBARA CEGAVSKE,
in her official capacity as Nevada
15 Secretary of State, et al.,
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Case No. 3:20-cv-00515-MMD-WGC
ORDER GRANTING RURAL
COUNTY DEFENDANTS’ MOTION
FOR EXTENSION OF TIME IN
WHICH TO FILE A RESPONSIVE
PLEADING TO PLAINTIFFS’
COMPLAINT
(ECF NO. 1)
FIRST REQUEST

Defendants.

Defendants Elko County Clerk Kristina Jakeman, Lander County Clerk Sadie

18 Sullivan, Pershing County Clerk-Treasurer Lacey Donaldson, Storey County Clerk Vanessa
19 Stevens, White Pine County Clerk Nichole Baldwin, Nye County Clerk, Sandra Merlino,
20 Humboldt County Clerk Tammie Rae Spero, Douglas County Clerk-Treasurer Kathy Lewis,
21 Churchill County Clerk-Treasurer Linda Rothery, Esmeralda County Clerk-Treasurer
22 Lacinda Elgan, Lincoln County Clerk Lisa C. Lloyd, Eureka County Clerk Lisa Hoehna,
23 Mineral County Clerk-Treasurer Christopher Nepper, Lyon County Clerk-Treasurer Nikki
24 Bryan (collectively the “Rural County Defendants”), by and through their attorneys of
25 record, the law firm of Marquis Aurbach Coffing, hereby move the Court, pursuant to Rule
26 6(b) of the Federal Rules of Civil Procedure (FRCP), and Local Rule IA 6-1 (LR 6-1), for an
27 order extending their time in which to file a responsive pleading to Plaintiffs’ Complaint,
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1 hereinafter “Complaint” (ECF No. 1). This is the Rural County Defendants’ first request for
2 an extension of any filing deadline in this case. The Rural County Defendants request that
3 their time for filing a responsive pleading in this case be extended until November 2, 2020,
4 and, therefore, placing the deadline consistent with that of another aligned Defendant – the
5 Nevada Secretary of State. See ECF No. 14. This request is based upon the following points
6 and authorities and all pleadings and papers on file herein.
7

MEMORANDUM OF POINTS AND AUTHORITIES

court may, for good cause, extend the time . . . with or without motion or notice if the

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court acts, or if a request is made, before the original time or its extension expires.” On the

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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

FRCP 6(b) states: “When an act may or must be done within a specified time, the

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MARQUIS AURBACH COFFING

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Rural County Defendants’ behalf, the undersigned accepted service of the Complaint on

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September 24, 2020. Pursuant to NRCP 12(a), the Rural County Defendants are to file a

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responsive pleading today.

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On October 7, 2020, the Rural County Defendants joined a motion (ECF No. 10)

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in which Defendants requested approval of a proposed consent decree similar to the one

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that was approved in Fair Maps Nevada v. Cegavske, Case No. 3:20-cv-00271-MMD-

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WGC (D. Nev. Filed May 6, 2020). However, by order dated October 9, 2020 (ECF No.

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12), this Court dismissed the joint motion without prejudice and directed the parties “to

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file either a joint brief, or separate briefs, addressing the . . . questions of whether

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Plaintiffs have standing to prosecute this case, and whether the Court would have

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jurisdiction to approve a revised consent decree” (Id. at 2:19-21). In light of the Court’s

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order, the Rural County Defendants intend to evaluate the question of standing in light of

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any facts that Plaintiffs may produce in connection with a forthcoming motion for

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preliminary injunction. Additionally, given the strong likelihood that such a motion for

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preliminary injunction will be contested by the Proposed Intervenor-Defendants, the Rural

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County Defendants intend to reevaluate whether renewing the joint motion and proposed

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consent decree is the most expeditious method of disposing of this case.

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Case 3:20-cv-00515-MMD-WGC Document 22 Filed 10/16/20 Page 3 of 4

1

Due to the change in circumstances, the Rural County Defendants desire additional

2 time in which to draft a responsive pleading. Such a responsive pleading may be
3 consolidated with the Rural County Defendants’ response to Plaintiffs’ forthcoming motion
4 for preliminary injunction which is anticipated to be briefed and decided on an emergency
5 basis. The Rural County Defendants will not object to an expedited briefing and hearing
6 schedule, provided that Defendants are afforded no fewer than seven (7) days in which to
7 respond to a motion for preliminary injunction.
8

The Rural County Defendants respectfully submit that the change in circumstances,

9 as discussed above, amounts to good cause for an extension of the 21-day period in which to

11 for an extension of any filing deadline in this case. The Rural County Defendants request
10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

10 file a responsive pleading. As noted above, this is the Rural County Defendants’ first request

12 that the time for filing a responsive pleading in this case be extended until November 2,
13 2020. It is anticipated that the requested extension, if granted, will provide adequate time in
14 which to align the Rural County Defendants’ responsive pleading with a response to
15 Plaintiffs’ anticipated motion for preliminary injunction.
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Dated this 15th day of October, 2020.
MARQUIS AURBACH COFFING

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By /s/ Brian R. Hardy, Esq.
Craig R. Anderson, Esq.
Nevada Bar No. 6882
Brian R. Hardy, Esq.
Nevada Bar No. 10068
10001 Park Run Drive
Las Vegas, Nevada 89145
Attorney(s) for Rural County Defendants

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Case 3:20-cv-00515-MMD-WGC Document 22 Filed 10/16/20 Page 4 of 4

ORDER
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IT IS SO ORDERED.
DATED:

October 16, 2020.

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______________________________
U.S. MAGISTRATE JUDGE

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10001 Park Run Drive
Las Vegas, Nevada 89145
[phone] FAX: [phone]

MARQUIS AURBACH COFFING

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