Hof v. Nye County et al
Nevada District Court | |
Judge: | Richard F Boulware, II |
Referred: | George Foley, Jr |
Case #: | 2:18-cv-01050 |
Nature of Suit | 440 Civil Rights - Other Civil Rights |
Cause | 42:1983 Civil Rights Act |
Case Filed: | Jun 09, 2018 |
Terminated: | Feb 11, 2019 |
Last checked: Thursday Dec 06, 2018 12:56 AM PST |
Defendant
Angela Bello
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Represented By
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Defendant
Nye County
2100 E Walt Williams Dr.
Pahrump, NV 89048 |
Represented By
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Defendant
Nye County Sheriff's Office
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Represented By
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Defendant
Dan Schinhofen
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Represented By
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Defendant
Timothy Sutton
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Represented By
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Defendant
Sharon Wehrly
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Represented By
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Defendant
Nye County Board of County Commissioners
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Represented By
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Plaintiff
Dennis Hof
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Represented By
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TERMINATED PARTIES | |
Defendant
James Oscarson
Terminated: 09/19/2018
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Docket last updated: 8 hours ago |
Friday, August 23, 2019 | ||
31 | 31
2
pgs
order
Order
Mon 08/26 9:33 AM
AMENDED ORDER. IT IS ORDERED that the $350.00 deposit, plus interest, be refunded in accordance with9 the certificate of cash deposit to: Randazza Legal Group, PLLC. Signed by Judge Richard F. Boulware, II on 8/23/2019. (Copies have been distributed pursuant to the NEF - MR) |
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Monday, February 11, 2019 | ||
30 | 30
2
pgs
order
Order on Stipulation of Dismissal
Mon 02/11 3:31 PM
ORDER Granting29 Stipulation of Dismissal. Signed by Judge Richard F. Boulware, II on 2/11/2019. (Copies have been distributed pursuant to the NEF - MR) |
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Friday, February 08, 2019 | ||
29 | 29
motion
Stipulation Dismissal
Fri 02/08 1:42 PM
STIPULATION of Dismissal by Plaintiff Suzette Cole. (Wray, Mark) |
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Monday, January 28, 2019 | ||
28 | 28
3
pgs
order
Order on Motion to Substitute Attorney
Tue 01/29 1:36 PM
ORDER Granting27 Motion to Substitute Attorney. Signed by Magistrate Judge George Foley, Jr on 1/28/2019. (Copies have been distributed pursuant to the NEF - MR) |
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Friday, January 25, 2019 | ||
27 | 27
motion
Motion Substitute Attorney
Fri 01/25 4:36 PM
Unopposed MOTION to Substitute Attorney Mark Wray in for Attorney Marc Randazza by Plaintiff Suzette Cole. (Wray, Mark) |
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Friday, December 28, 2018 | ||
26 | 26
2
pgs
order
Order on Motion to Substitute Party Order on Motion for Hearing Before Magistrate Judge
Fri 12/28 12:18 PM
ORDER. IT IS HEREBY ORDERED that22 Plaintiff's Motion to Substitute Party is granted. Suzette Cole, Thomas Potter, and Mark Wray, as Trustees of Moundhouse 2000 Trust, are substituted as the proper plaintiff in lieu of Dennis Hof. IT IS FURTHER ORDERED that24 Plaintiff's Motion for Hearing is denied, as moot. Signed by Magistrate Judge George Foley, Jr on 12/28/2018. (Copies have been distributed pursuant to the NEF - ADR) |
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Friday, December 21, 2018 | ||
25 | 25
respm
Non-Opposition to Motion
Fri 12/21 10:06 AM
NON-OPPOSITION to22 Motion to Substitute Party by Defendants Angela Bello, Nye County, Nye County Board of County Commissioners, Nye County Sheriff's Office, Dan Schinhofen, Timothy Sutton, Sharon Wehrly. (Bruch, Rebecca) |
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Thursday, December 13, 2018 | ||
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motion
Motion Hearing Before Magistrate Judge
Thu 12/13 11:57 AM
MOTION for Hearing Before Magistrate Judge re22 Motion to Substitute Party by Plaintiff Dennis Hof. (Cahill, LaTeigra) |
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Wednesday, December 12, 2018 | ||
23 | 23
notice
Notice Other
Wed 12/12 5:09 PM
NOTICE of Hearing by Dennis Hof. (Cahill, LaTeigra) |
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22 | 22
motion
Motion Substitute Party
Wed 12/12 5:07 PM
MOTION to Substitute Party by Plaintiff Dennis Hof. Responses due by 12/26/2018. (Cahill, LaTeigra) |
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Wednesday, October 17, 2018 | ||
21 | 21
misc
Suggestion Death
Wed 10/17 1:27 PM
SUGGESTION OF DEATH Upon the Record as to Plaintiff Dennis Hof by Defendants Angela Bello, Nye County, Nye County Board of County Commissioners, Nye County Sheriff's Office, Dan Schinhofen, Timothy Sutton, Sharon Wehrly. (Bruch, Rebecca) |
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Tuesday, October 02, 2018 | ||
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notice
Notice AO 85 Consent to Mag Judge & Short Trial Rules
Tue 10/02 2:12 PM
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website -[LINK:www.nvd.uscourts.gov] . AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - [LINK:www.nvd.uscourts.gov] . If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take 3 days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (ADR) |
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19 | 19
order
Scheduling Order
Tue 10/02 2:12 PM
SCHEDULING ORDER Re:18 Proposed Discovery Plan/Scheduling Order. Discovery due by 2/11/2019. Motions due by 3/13/2019. Proposed Joint Pretrial Order due by 4/12/2019. Signed by Magistrate Judge George Foley, Jr on 10/2/2018. (Copies have been distributed pursuant to the NEF - ADR) |
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Monday, October 01, 2018 | ||
18 | 18
misc
Proposed Discovery Plan/Scheduling Order
Mon 10/01 5:38 PM
PROPOSED Discovery Plan/Scheduling Order by Plaintiff Dennis Hof (Cahill, LaTeigra) |
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Wednesday, September 19, 2018 | ||
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notice
Notice Voluntary Dismissal
Wed 09/19 12:39 PM
NOTICE of Voluntary Dismissal by Plaintiff Dennis Hof. of Defendant James Oscarson (Cahill, LaTeigra) |
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utility
Add and Terminate Parties
Wed 09/19 1:01 PM
Party James Oscarson terminated pursuant to17 Notice of Voluntary Dismissal. (DKJ) |
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Tuesday, September 11, 2018 | ||
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misc
Notice 4m Dismissal
Tue 09/11 9:59 AM
NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint * in this action was filed on * 6/9/2018. * To date no proper proof of service has been filed as to * James Oscarson. * FRCP 4(m) dismissal deadline set for 10/11/2018. (DKJ) |
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Wednesday, August 15, 2018 | ||
15 | 15
misc
Proposed Order Submission
Wed 08/15 4:05 PM
Submission of PROPOSED ORDER on14 Notice of Related Cases by Plaintiff Dennis Hof. (Randazza, Marc) |
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14 | 14
notice
Notice Related Cases
Wed 08/15 4:00 PM
NOTICE OF RELATED CASES 2:18-cv-00211, 2:18-cv-01492 by Plaintiff Dennis Hof. (Randazza, Marc) |
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Monday, August 13, 2018 | ||
13 | 13
misc
Certificate Interested Parties
Mon 08/13 1:57 PM
CERTIFICATE of Interested Parties by Angela Bello, Nye County, Nye County Board of County Commissioners, Nye County Sheriff's Office, Dan Schinhofen, Timothy Sutton, Sharon Wehrly. There are no known interested parties other than those participating in the case (Bruch, Rebecca) |
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12 | 12
answer
Answer to Complaint
Mon 08/13 1:56 PM
ANSWER to1 Complaint,, filed by Angela Bello, Nye County, Nye County Board of County Commissioners, Nye County Sheriff's Office, Dan Schinhofen, Timothy Sutton, Sharon Wehrly. Discovery Plan/Scheduling Order due by 9/27/2018.(Bruch, Rebecca) |
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Friday, July 13, 2018 | ||
11 | 11
misc
Transcript
Fri 07/13 2:59 PM
TRANSCRIPT of Proceedings, 5 Order on Motion for TRO, TRO Hearing, held on 6/9/2018, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 8/3/2018. Redacted Transcript Deadline is set for 8/13/2018. Release of the Transcript Restriction is set for 10/11/2018. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (PG) |
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Tuesday, June 26, 2018 | ||
10 | 10
service
Waiver of Service Executed
Tue 06/26 1:06 PM
WAIVER OF SERVICE Returned Executed by Dennis Hof. Angela Bello waiver sent on 6/12/2018, answer due 8/11/2018; Nye County waiver sent on 6/12/2018, answer due 8/11/2018; Nye County Board of County Commissioners waiver sent on 6/12/2018, answer due 8/11/2018; Nye County Sheriff's Office waiver sent on 6/12/2018, answer due 8/11/2018; Dan Schinhofen waiver sent on 6/12/2018, answer due 8/11/2018; Timothy Sutton waiver sent on 6/12/2018, answer due 8/11/2018; Sharon Wehrly waiver sent on 6/12/2018, answer due 8/11/2018. (Randazza, Marc) |
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Monday, June 11, 2018 | ||
9 | 9
misc
Certificate Cash Deposit
Mon 06/11 2:21 PM
CERTIFICATE of Cash Deposit as to Dennis Hof: $350.00, receipt number 7537. (MR) |
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Att: 1 Receipt | ||
8 | 8
notice
Notice Other
Mon 06/11 10:55 AM
NOTICE re6 Order, filed by Dennis Hof. (Cahill, LaTeigra) |
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Att: 1 Exhibit A Certificate of Cash Deposit | ||
7 | 7
notice
Notice Attorney Action Required
Mon 06/11 9:43 AM
NOTICE of Non-Compliance and Attorney Action required: Attorney LaTeigra C. Cahill is in violation of LR IC 2-1(g). Your CM/ECF account information is different from the address information as listed on documents1 and2 . CORRECTION: Attorney advised to review and update your CM/ECF account, pursuant to the local rules. (no image attached) (RFJ) |
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Sunday, June 10, 2018 | ||
6 | 6
8
pgs
order
Order
Sun 06/10 10:23 PM
ORDER granting Plaintiff's2 Emergency Motion for Temporary Restraining Order. IT IS FURTHER ORDERED that Defendants return Plaintiff's sign to his property by no later than 8:00 a.m. on June 10, 2018. IT IS FURTHER ORDERED that the Defendants are enjoined from confiscating or taking any more of Plaintiff's signs without following the procedures outlined at the hearing on June 9, 2018. Specifically, prior to further confiscation of any of Plaintiff's signs that do not pose an immediate safety concern, he must be afforded a notice identifying the specific code violation and a date for a pre-deprivation hearing before an individual(s) who has the authority to determine the legality of a sign and enforce this determination. IT IS FURTHER ORDERED that Plaintiff pay a $350 security no later than 10:00 a.m. on Monday, June 11, 2018. IT IS FURTHER ORDERED that the Plaintiff shall serve a copy of this Order, the Emergency Motion2 and the Complaint1 on the Defendants and/or their counsel by June 15, 2018. IT IS FURTHER ORDERED that Defendants shall have until June 22, 2018 to file a submission seeking a modification or reversal of this Order. If no such filing occurs the prohibitive aspect of this Order as to the procedural requirements which must be afforded Plaintiff regarding the confiscation of his signs shall continue through the pendency of this case. Signed by Judge Richard F. Boulware, II on 6/10/2018. (Copies have been distributed pursuant to the NEF - BEL) |
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Saturday, June 09, 2018 | ||
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minutes
TRO Hearing Order on Motion for Temporary Restraining Order ~Util - Terminate Deadlines/Hearings
Sun 06/10 10:10 PM
MINUTES OF PROCEEDINGS - TRO Hearing held on 6/9/2018 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi ; Pla Counsel: Marc Randazza, Esq., LaTeigra Cahill, Esq. ; Def Counsel: Rebecca Bruch, Esq. ; Court Reporter: Patty Ganci ; Time of Hearing: 8:19 PM -9:24 PM; 9:33 PM- 9:52 PM ; Courtroom: 7C. Appearing telephonically Defendants Angela Bello and Timothy Sutton. The Court makes preliminary statements as to the continued hearing for the Plaintiff's2 Emergency Motion for Temporary Restraining Order. For the reasons stated on the record at the hearing, IT IS ORDERED that the Plaintiff's2 Emergency Motion for Temporary Restraining Order is GRANTED as it relates to the due process claim and the First Amendment. The Court finds that there was insufficient notice to the illegality of the sign. Accordingly, IT IS ORDERED that the Temporary Restraining Order for injunctive relief is IMPOSED against the Defendants and the Plaintiffs sign is ORDERED returned to Mr. Hof's property by no later than 8:00 AM on June 10, 2018. IT IS FURTHER ORDERED that if Nye County Code Enforcement Office wishes to pursue the confiscation of the sign; a required three days' notice would need to specifically identify which section of the code was being violated by this sign or other signs. FURTHER, Nye County would need to provide an opportunity for a hearing at which the hearing officer would have the authority to hear arguments regarding whether or not the sign in question was illegal and what remedy the plaintiff would have if it were not a predeprivation basis. IT IS FURTHER ORDERED that Plaintiff pay a security in the amount of $350.00 due on Monday, June 11, 2018 by the hour of 10:00 AM. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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minord
Minute Order Setting Hearing on Motion
Sat 06/09 6:02 PM
MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/9/2018. IT IS ORDERED that a hearing regarding Plaintiff's2 Emergency MOTION for Temporary Restraining Order is set 8:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. FURTHER, Plaintiff's counsel is directed to inform opposing counsel as to the hearing set in this matter. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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3 | 3
misc
Proposed Order Submission
Sat 06/09 1:52 PM
Submission of PROPOSED ORDER on2 Motion for TRO, by Plaintiff Dennis Hof. (Randazza, Marc) |
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Att: 1 Proposed Order | ||
2 | 2
motion
Motion Temporary Restraining Order
Sat 06/09 1:25 PM
Emergency MOTION for Temporary Restraining Order by Plaintiff Dennis Hof. (Randazza, Marc) |
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Att: 1 Exhibit 1 - Hof Declaration, | ||
Att: 2 Exhibit 2 - Email from Angela Bello, | ||
Att: 3 Exhibit 3 - Attachment to Email, | ||
Att: 4 Exhibit 4 - Amended Code, | ||
Att: 5 Exhibit 5 - Cahill Declaration, | ||
Att: 6 Exhibit 6 - Press Release | ||
1 | 1
cmp
Complaint
Sat 06/09 1:22 PM
COMPLAINT against Angela Bello, Nye County, Nye County Sheriff's Office, James Oscarson, Dan Schinhofen, Timothy Sutton, Sharon Wehrly (Filing fee $400 receipt number 0978-5116277) by Dennis Hof. Proof of service due by 9/7/2018.(Randazza, Marc) |
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Att: 1 Civil Cover Sheet |