Meehan et al v. Sisolak et al

Filing 25

ORDER granting 23 Stipulation re Service of Process and Motion Briefing Schedule : Defendants Erdose and Cannizzaro have until 4/21/2021 to file: (1) Response to ECF 6 Motion for Preliminary Injunction and (2) Response to ECF 1 Compl aint or, in the alternative file Motion to dismiss. Plaintiffs have until 5/5/2021 to file: (1) Reply to ECF 6 Motion for Preliminary Injunction and (2) Response to Motion to Dismiss, if Defendants Erdose and Cannizzaro file such motion; Reply due 5/12/2021. Response to ECF No. 6 Motion for Preliminary Injunction due by 4/21/2021; Reply due by 5/5/2021. Response to ECF No. 19 Motion to Dismiss due by 5/5/2021; Reply due by 5/12/2021. (See pdf order for additional specifics.)Signed by Chief Judge Miranda M. Du on 3/31/2021. (Copies have been distributed pursuant to the NEF - DRM) Modified on 3/31/2021 clarify reply and response dates. per PV (LE).

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Case 3:21-cv-00100-MMD-WGC Document 25 Filed 03/31/21 Page 1 of 5 1 2 3 4 5 KEVIN C. POWERS, General Counsel Nevada State Bar No. 6781 NEVADA LEGISLATIVE COUNSEL BUREAU, LEGAL DIVISION 401 S. Carson St. Carson City, NV 89701 Tel: (775) 684-6830; Fax: (775) 684-6761 Email: kpowers@lcb.state.nv.us Attorneys for Legislative Defendants Brenda J. Erdoes, in her official capacity as Director of the Legislative Counsel Bureau of the State of Nevada, and Nicole J. Cannizzaro, in her official capacity as Chair of the Legislative Commission of the State of Nevada 6 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 7 8 9 SHAWN MEEHAN, an individual; JANINE HANSEN, an individual; LYNN CHAPMAN, an individual; and MELISSA CLEMENT, an individual, Case No. 3:21-cv-00100-MMD-WGC 10 Plaintiffs, STIPULATION AND ORDER REGARDING SERVICE OF PROCESS ON LEGISLATIVE DEFENDANTS, BRIEFING SCHEDULE FOR MOTIONS, AND RELATED MATTERS 11 vs. 12 13 14 15 16 17 STEPHEN F. SISOLAK, in his official capacity as Governor of the State of Nevada; AARON DARNELL FORD, in his official capacity as Attorney General of the State of Nevada; BRENDA J. ERDOES, in her official capacity as Director of the Legislative Counsel Bureau of the State of Nevada; NICOLE J. CANNIZZARO, in her official capacity as Chair of the Legislative Commission of the State of Nevada; and DOES 1 through 100, 18 Defendants. 19 20 PARTIES AND COUNSEL 21 This Stipulation and Order is agreed to and approved by: (1) Sigal Chattah, Esq., Chattah 22 Law Group, counsel for Plaintiffs Shawn Meehan, Janine Hansen, Lynn Chapman, and Melissa 23 Clement; and (2) Kevin C. Powers, General Counsel, Legislative Counsel Bureau, Legal Division 24 (“LCB Legal”), counsel for Legislative Defendants Brenda J. Erdoes (“Director Erdoes”), in her -1- Case 3:21-cv-00100-MMD-WGC Document 25 Filed 03/31/21 Page 2 of 5 1 official capacity as Director of the Legislative Counsel Bureau of the State of Nevada, and Nevada 2 State Senator Nicole J. Cannizzaro, in her official capacity as Chair of the Legislative Commission 3 of the State of Nevada. 4 On March 23, 2021, pursuant to FRCP 41(a)(1)(A)(i), Plaintiffs voluntarily dismissed, 5 without prejudice, the Executive Defendants named in the complaint: (1) Stephen F. Sisolak, in his 6 official capacity as Governor of the State of Nevada; and (2) Aaron D. Ford, in his official 7 capacity as Attorney General of the State of Nevada. (ECF No. 21.) Therefore, because the 8 Executive Defendants have been voluntarily dismissed, without prejudice, from this action, their 9 attorneys, Aaron D. Ford, Attorney General, and Craig A. Newby, Deputy Solicitor General, 10 11 Office of the Attorney General, are no longer representing any defendants in this action. BACKGROUND 12 On Feb. 17, 2021, Plaintiffs filed a complaint for damages and injunctive and declaratory 13 relief under the federal civil rights statute in 42 U.S.C. § 1983. (ECF No. 1.) Plaintiffs are four 14 individuals who, on behalf of themselves, seek entry to Nevada’s Legislative Building to engage 15 in lobbying activities during the 81st legislative session. (ECF No. 1 at 1-2.) In their complaint, 16 Plaintiffs alleged that they have been deprived of federal and state constitutional rights as a result 17 of the decision of Director Erdoes, as the executive head of the LCB, to restrict or prohibit 18 lobbyists and members of the public from physically entering the Legislative Building during the 19 81st legislative session due to the COVID-19 pandemic. (ECF No. 1 at 18-25.) 20 In their complaint, Plaintiffs named several state officers of the executive branch and 21 legislative branch as defendants in their official capacities. (ECF No. 1 at 1-2.) As named in the 22 complaint, the Executive Defendants were: (1) Stephen F. Sisolak, in his official capacity as 23 Governor of the State of Nevada; and (2) Aaron D. Ford, in his official capacity as Attorney 24 General of the State of Nevada. (ECF No. 1 at 1-2.) On Feb. 26, 2021, Plaintiffs filed affidavits -2- Case 3:21-cv-00100-MMD-WGC Document 25 Filed 03/31/21 Page 3 of 5 1 of service of the summons and complaint on those Executive Defendants. (ECF No. 10.) On 2 March 23, 2021, pursuant to FRCP 41(a)(1)(A)(i), Plaintiffs voluntarily dismissed, without 3 prejudice, those Executive Defendants from this action. (ECF No. 21.) 4 As named in the complaint, Legislative Defendants are: (1) Brenda J. Erdoes, in her official 5 capacity as Director of the Legislative Counsel Bureau of the State of Nevada; and (2) Nevada 6 State Senator Nicole J. Cannizzaro, in her official capacity as Chair of the Legislative Commission 7 of the State of Nevada. (ECF No. 1 at 1-2.) Legislative Defendants have not been personally 8 served in this action yet with the summons and complaint under FRCP 4. 9 10 11 On Feb. 24, 2021, Plaintiffs filed an emergency motion for preliminary injunction. (ECF No. 6.) On Feb. 25, 2021, this Court entered a minute order, stating that: 13 The Court has reviewed Plaintiff’s motion for preliminary injunction (ECF No. 6, the “PI” motion.) The normal briefing schedule will apply to the motion because Plaintiffs do not specifically request an expedited briefing schedule in their PI motion and did not otherwise establish they are entitled to an expedited briefing schedule under LR 7-4. The Court will determine whether to set a hearing upon reviewing the subsequent briefs. 14 (ECF No. 8.) On March 29, 2021, Plaintiffs filed a motion to extend the briefing schedule for 15 their motion for preliminary injunction. (ECF No. 22.) 12 16 17 18 19 20 21 STIPULATION The parties, through their respective counsel, hereby stipulate and agree, subject to this Court’s approval, as follows: 1. Legislative Defendants stipulate and agree to appear voluntarily in this action and waive their rights to be served by Plaintiffs with a summons and complaint under FRCP 4. 2. The parties stipulate and agree to the following briefing schedule for Plaintiffs’ motion 22 for preliminary injunction (ECF No. 6) and the following timeline and briefing schedule for 23 Legislative Defendants to file a responsive pleading to Plaintiffs’ complaint (ECF No. 1) or, in the 24 alternative, a motion to dismiss asserting defenses or objections under FRCP 12: -3- Case 3:21-cv-00100-MMD-WGC Document 25 Filed 03/31/21 Page 4 of 5 1 (a) Not later than April 21, 2021, Legislative Defendants must file and serve their: 2 (1) Opposition points and authorities in response to Plaintiffs’ motion for preliminary 3 injunction (ECF No. 6) under LR 7-2; and 4 (2) Responsive pleading to Plaintiffs’ complaint (ECF No. 1) or, in the alternative, 5 6 motion to dismiss asserting defenses or objections under FRCP 12. (b) Not later than May 5, 2021, Plaintiffs must file and serve their: 7 (1) Reply points and authorities in support of their motion for preliminary injunction 8 (ECF No. 6) under LR 7-2; and 9 (2) Opposition points and authorities in response to Legislative Defendants’ motion to 10 dismiss under LR 7-2, if Legislative Defendants file such a motion instead of a 11 responsive pleading. 12 (c) Not later than May 12, 2021, Legislative Defendants must file and serve their reply 13 points and authorities in support of their motion to dismiss under LR 7-2, if Legislative 14 Defendants file such a motion instead of a responsive pleading. 15 3. Because Plaintiffs’ complaint (ECF No. 1) raises numerous claims for relief under 16 federal and state constitutional provisions and because such claims present complex issues of 17 federal and state law, the parties stipulate and agree to the following page limits for the motions, 18 oppositions in response, and replies set forth in paragraph 2 above: 19 (a) Motions and oppositions in response to such motions are limited to 30 pages, excluding 20 exhibits, and must include a table of contents and table of authorities, which are excluded from 21 the page limits. 22 23 (b) Replies in support of such motions are limited to 20 pages, excluding exhibits, and must include a table of contents and table of authorities, which are excluded from the page limits. 24 -4- Case 3:21-cv-00100-MMD-WGC Document 25 Filed 03/31/21 Page 5 of 5 1 4. The parties stipulate and agree that Plaintiffs’ motion to extend the briefing schedule for 2 their motion for preliminary injunction (ECF No. 22), which was filed on March 29, 2021, is 3 withdrawn and denied as moot based on this Stipulation and Order. 4 SIGNATURES OF COUNSEL AND ORDER OF THE COURT 5 Legislative Defendants’ attorney of record, Kevin C. Powers, General Counsel, LCB Legal, 6 attests and certifies that he obtained the consent of Plaintiffs’ attorney of record, Sigal Chattah, 7 Esq., to file with her electronic signature this Stipulation and Order Regarding Service of Process 8 on Legislative Defendants, Briefing Schedule for Motions, and Related Matters. 9 10 11 12 13 14 15 16 DATED: This 30th day of March, 2021. By: /s/ Kevin C. Powers . KEVIN C. POWERS General Counsel Nevada Bar No. 6781 NEVADA LEGISLATIVE COUNSEL BUREAU, LEGAL DIVISION 401 S. Carson St. Carson City, NV 89701 Tel: (775) 684-6830 Fax: (775) 684-6761 Email: kpowers@lcb.state.nv.us Attorneys for Legislative Defendants Brenda J. Erdoes and Nicole J. Cannizzaro By: /s/ Sigal Chattah . SIGAL CHATTAH, ESQ. Nevada Bar No. 8264 CHATTAH LAW GROUP 5875 S. Rainbow Blvd. #203 Las Vegas, NV 89118 Tel: (702) 360-6200 Fax: (702) 643-6292 Email: Chattahlaw@gmail.com Attorney for Plaintiffs 17 IT IS SO ORDERED: 18 19 _______________________________ UNITED STATES DISTRICT JUDGE 20 March 30, 2021 DATED:________________________ 21 22 23 24 -5-

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