Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Charleston v. State

United States District Court, D. Nevada

March 29, 2019

REBEKAH CHARLESTON; ANGELA DELGADO-WILLIAMS; and LEAH ALBRIGHT-BYRD, Plaintiffs,
v.
STATE OF NEVADA; STEVE SISOLAK, in his capacity as Governor of the State of Nevada; and the LEGISLATURE OF THE STATE OF NEVADA, Defendants.

          BRENDA J. ERDOES LEGISLATIVE COUNSEL

          KEVIN C. POWERS CHIEF LITIGATION COUNSEL NEVADA BAR NO. 6781 NEVADA LEGISLATIVE COUNSEL BUREAU, LEGAL DIVISION ATTORNEYS FOR NEVADA LEGISLATURE

          ORDER GRANTING DEFENDANT NEVADA LEGISLATURE'S MOTION TO EXTEND TIME TO ANSWER OR RESPOND TO PLAINTIFFS' FIRST AMENDED COMPLAINT (FIRST REQUEST)

          WILLIAM G. COFF UNITED STATES MAGISTRATE JUDGE.

         MOTION

         Defendant Nevada Legislature (Legislature), by and through its counsel the Legal Division of the Legislative Counsel Bureau (LCB) under Nevada Revised Statutes (NRS) 218F.720, hereby files this motion to extend time until April 30, 2019-which is 7 days after the Legislature's session deadline for first House passage of legislation on April 23, 2019-for the Legislature to answer or respond to Plaintiffs' first amended complaint (ECF No. 12) under FRCP 12 and FRCP 15(a)(3). This is the Legislature's first request to extend time to answer or respond to Plaintiffs' first amended complaint under FRCP 12 and FRCP 15(a)(3). The Legislature's answer or response to the first amended complaint is due on April 3, 2019, under FRCP 12 and FRCP 15(a)(3).

         The Legislature's motion to extend time is made under FRCP 6(b) and Local Rule IA 6-1 and is based upon the following Memorandum of Points and Authorities and all pleadings, documents and exhibits on file in this case.

         MEMORANDUM OF POINTS AND AUTHORITIES

         I. Summary of reasons for extension of time.

         Plaintiffs filed their original complaint (ECF No. 1) on February 25, 2019, and they filed their first amended complaint on March 18, 2019. Plaintiffs served their first amended complaint on the Legislature by messenger service on March 20, 2019. Therefore, the Legislature's answer or response to the first amended complaint is due on April 3, 2019, under FRCP 12 and FRCP 15(a)(3).

         The Legislature needs additional time to properly research and address the numerous novel and complex jurisdictional, procedural and constitutional issues raised by Plaintiffs' federal preemption claims challenging the validity of Nevada's statutes and local ordinances licensing and regulating legal brothels. In addition, the Legislature needs additional time to prepare an appropriate answer or response to the first amended complaint because the Legislature and its legal staff are currently engaged in the Legislature's biennial regular legislative session and the Nevada Constitution only gives the Legislature an extremely limited timeframe to perform its lawmaking functions between early February and early June of each odd-numbered year.

         Within this extremely limited timeframe, the Legislature and its legal staff must follow stringent deadlines under the Joint Standing Rules to effectively and efficiently draft, introduce, hear, consider, review, amend, debate and process hundreds of bills and amendments. For example, during the period leading up to April 23, 2019, the Legislature's legal staff must draft hundreds of amendments to bills and resolutions in order to meet the deadlines in the Joint Standing Rules for committee passage in the first House on April 12, 2019, and for first House passage on April 23, 2019.

         Therefore, given the stringent deadlines and time constraints of the ongoing legislative session and its extraordinary demands on the time and resources of the Legislature and its legal staff, the Legislature respectfully asks the Court to grant the Legislature's motion to extend time until April 30, 2019-which is 7 days after the Legislature's session deadline for first House passage of legislation on April 23, 2019-for the Legislature to answer or respond to the first amended complaint under FRCP 12 and FRCP 15(a)(3).

         II. Background regarding Plaintiffs' federal constitutional claims.

         In their first amended complaint filed on March 18, 2019, Plaintiffs plead federal constitutional claims pursuant to 42 U.SC. § 1983 for alleged violations of their civil rights committed by the named Defendants-the State of Nevada; Steve Sisolak in his official capacity as the Governor of the State of Nevada; and the Legislature in its official capacity as the legislative authority of the State of Nevada. Plaintiffs assert ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.