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United States District Court
District of Nevada (Las Vegas)
CIVIL DOCKET FOR CASE #: 2:08-cv-01006-RCJ-LRL
Halverson v. Nevada Commission on J udicial Discipline et al
Assigned to: Chief J udge Robert C. J ones
Referred to: Magistrate J udge Lawrence R. Leavitt
Cause: 42:1983 Civil Rights Act
Date Filed: 08/04/2008
Date Terminated: 03/26/2009
J ury Demand: None
Nature of Suit: 440 Civil Rights: Other
J urisdiction: Federal Question
Date Filed # Docket Text
08/04/2008 1 NOTICE of Appearance by attorney Gerald Luke Ciciliano on behalf of Plaintiff Elizabeth
Halverson. (Ciciliano, Gerald) (Entered: 08/04/2008)
08/04/2008 2 COMPLAINT against all defendants (Filing fee $ 350 receipt number
09780000000000958470), filed by Elizabeth Halverson. Certificate of Interested Parties due by
8/14/2008. Proof of service due by 12/2/2008. (Attachments: #1 Civil Cover Sheet Civil
Cover Sheet, #2 Supplement Summons for Defendant Holmes, #3 Summons Summons for
Defendant NCJ D)(Ciciliano, Gerald) (Entered: 08/04/2008)
08/04/2008 3 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff
Elizabeth Halverson. Motion ripe 8/4/2008. (Ciciliano, Gerald) (Entered: 08/04/2008)
08/04/2008 4 CERTIFICATE of Interested Parties filed by Elizabeth Halverson. Identifying Corporate
Parent J ason G. Landess, Corporate Parent Stefany Miley for Elizabeth Halverson. (Ciciliano,
Gerald) (Entered: 08/04/2008)
08/04/2008 Case assigned to J udge Robert C. J ones and Magistrate J udge Lawrence R. Leavitt.
***Emergency motion previously filed in case.*** (AXM) (Entered: 08/05/2008)
08/05/2008 5 SUPPLEMENT to 3 Emergency MOTION for Temporary Restraining Order on an ex parte
basis ; by Plaintiff Elizabeth Halverson. (Ciciliano, Gerald) (Entered: 08/05/2008)
08/05/2008 6 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 J urisdiction by a U.S. Magistrate
J udge" form on the Court's website - link. 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. (no image attached) (AXM) (Entered: 08/05/2008)
08/05/2008 7 Summons Issued as to Nevada Commission on J udicial Discipline. (AXM) (Entered:
08/05/2008)
08/05/2008 8 Summons Issued as to Dorothy Nash Holmes. (AXM) (Entered: 08/05/2008)
08/05/2008 NOTICE of Docket Correction to 2 Complaint: ERROR: Attorneys signature on document and
filer do not match; CORRECTION: Attorneys F. Peter J ames and Gerald Luke Ciciliano are
advised to adhere to signature requirements of Special Order 109 on all future filings. (no
image attached)(RFJ ) (Entered: 08/05/2008)
08/05/2008 9 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that F. Peter James is in violation of
Special Order 109. Participation in the electronic filing system became mandatory for all
attorneys effective January 1, 2006. You are required to register for the Courts Case
Management and Electronic Case Filing (CM/ECF) program and the electronic service of
pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info,
to register the Attorney(s). (no image attached) (RFJ ) (Entered: 08/05/2008)
08/05/2008 10 NOTICE of Hearing on 3 Emergency MOTION for Temporary Restraining Order on an ex
parte basis: Oral argument on the referenced motion is scheduled for 8/6/2008, at 10:30 AM in
LV Courtroom 7D before J udge Robert C. J ones. (no image attached)(KXG) (Entered:
08/05/2008)
08/05/2008 11 NOTICE by Plaintiff Elizabeth Halverson re 3 Emergency MOTION for Temporary
Restraining Order on an ex parte basis, 10 Notice of Hearing on Motion, 5 Supplement. Notice
of Motion Hearing (J ames, F. Peter) (Entered: 08/05/2008)
08/05/2008 12 NOTICE by Plaintiff Elizabeth Halverson re 3 Emergency MOTION for Temporary
Restraining Order on an ex parte basis, 10 Notice of Hearing on Motion, 5 Supplement. Notice
of Motion Hearing (J ames, F. Peter) (Entered: 08/05/2008)
08/06/2008 13 MINUTES OF PROCEEDINGS - TRO Hearing held on 8/6/2008 before J udge Robert C.
J ones. Crtrm Administrator: K. Goetsch; Pla Counsel: G. Luke Ciciliano; F. Peter James; Def
Counsel: Scott Abbott, Todd Creer (NV Commission); Jill Davis (Holmes); Court
Reporter/FTR #: A. Bareng; Time of Hearing: 11:00am; Courtroom: 7D;
The Court makes preliminary statements, then hears arguments of counsel. Mr. Ciciliano
argues in support of the TRO. Arguments in opposition are made by Mr. Abbott.
The Court finds that there has been an insubstantial showing on the liklihood of success on the
merits. Additionally, the Court finds an insubstantial showing as to irreparable harm.
IT IS ORDERED the 3 Motion for Temporary Restraining Order is DENIED without
prejudice to plaintiff's request for preliminary injunction.
Upon request by plaintiff, IT IS ORDERED a Preliminary Injunction Hearing is scheduled for
8/14/2008, at 09:00 AM in LV Courtroom 7D before J udge Robert C. J ones.
IT IS FURTHER ORDERED Plaintiff shall supplement the request for preliminary injunction
prior to the date set for the hearing with a brief containing documentary and affidavit evidence.
Plaintiff's Brief shall be due not later than 12:00PM (noon) on Tuesday, 8/12/2008.
Defendants' Response shall be due not later than 5:00PM on Wednesday, 8/13/2008.
Prevailing counsel shall prepare and circulate a proposed order detailing the Court's findings
and ruling. Submission of Proposed Order due by 8/20/2008.
(no image attached) (Copies have been distributed pursuant to the NEF - KXG) (Entered:
08/08/2008)
08/12/2008 14 STIPULATION re 13 TRO Hearing,,,,,, ; to Continue Hearing by Plaintiff Elizabeth
Halverson. (Attachments: #1 Exhibit Signatures of parties)(J ames, F. Peter) (Entered:
08/12/2008)
08/12/2008 15 Submission of PROPOSED ORDER filed by Defendant Nevada Commission on J udicial
Discipline. Order Denying Plaintiff's Motion for Temporary Restraining Order (Abbott, Scott)
(Entered: 08/12/2008)
08/13/2008 16 ORDER GRANTING 14 Stipulation to Continue Hearing. Preliminary Injunction Hearing
reset for 9/11/2008 at 09:00 AM in LV Courtroom 7D before J udge Robert C. J ones. Plaintiff's
brief deadline 9/3/08. Defendants' briefs due 9/5/08. Signed by J udge Robert C. J ones on
8/13/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 08/13/2008)
08/13/2008 17 ORDER DENYING without prejudice Plaintiff's Ex Parte 3 Motion for an Emergency
Temporary Restraining Order. Signed by J udge Robert C. J ones on 8/13/08. (Copies have been
distributed pursuant to the NEF - ES) (Entered: 08/13/2008)
08/13/2008 18 TRANSCRIPT of Proceedings, 13 TRO Hearing held on 8/6/2008, before J udge Robert C.
J ones. Court Reporter/Transcriber: Exceptional Reporting Services, Inc., 361-949-2988.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Transcriber using the court's "Transcript Order" form available on our website
www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date
it may be obtained through PACER Redaction Request due 9/3/2008. Redacted Transcript
Deadline set for 9/13/2008. Release of Transcript Restriction set for 11/11/2008. (ABB)
(Entered: 08/13/2008)
08/22/2008 19 STIPULATION and Request for Extension of Time for Defendant Nevada Commission on
Judicial Discipline to Respond to Plaintiff's Complaint by Defendant Nevada Commission on
J udicial Discipline. (Abbott, Scott) (Entered: 08/22/2008)
08/25/2008 20 STIPULATION re 2 Complaint, ; Stipulation and Request for Extension of Time for Defendant
Dorothy N. Holmes to Respond to Plaintiff's Complaint by Defendant Dorothy Nash Holmes.
(Davis, J ill) (Entered: 08/25/2008)
08/26/2008 21 ORDER GRANTING 19 Stipulation to Extend Time to Respond. Nevada Commission on
J udicial Discipline answer due 10/3/2008. Signed by Magistrate J udge Lawrence R. Leavitt on
8/26/08. (Copies have been distributed pursuant to the NEF - ES) (Entered: 08/27/2008)
08/26/2008 22 ORDER GRANTING 20 Stipulation to Extend Time to Respond. Dorothy Nash Holmes
answer due 10/3/2008. Signed by Magistrate J udge Lawrence R. Leavitt on 8/26/08. (Copies
have been distributed pursuant to the NEF - ES) (Entered: 08/27/2008)
09/03/2008 23 STIPULATION re 16 Order on Stipulation,, Set/Reset Hearings, ; by Plaintiff Elizabeth
Halverson. (Attachments: #1 Proposed Order)(J ames, F. Peter) (Entered: 09/03/2008)
09/16/2008 24 NOTICE by Plaintiff Elizabeth Halverson re 23 Stipulation. Notice of Production of Transcript
(Attachments: #1 Exhibit Receipts of Copy)(J ames, F. Peter) (Entered: 09/16/2008)
09/30/2008 25 ORDER GRANTING 23 Stipulation to Continue Preliminary Injunction Deadlines. Plaintiff's
brief due by 10/31/2008. Defendants' brief due by 11/14/2008. The hearing on the preliminary
injunction is reset for 12/4/2008 at 09:00 AM in LV Courtroom 7D before J udge Robert C.
J ones. Defendants' Answers shall be filed pursuant to the stipulation of the parties. Signed by
J udge Robert C. J ones on 9/24/08. (Copies have been distributed pursuant to the NEF - ES)
(Entered: 09/30/2008)
10/31/2008 26 STIPULATION re 25 Order on Stipulation,, Set/Reset Deadlines & Hearings, ; to Extend
Briefing Deadlines by Plaintiff Elizabeth Halverson. (Attachments: #1 Proposed
Order)(Ciciliano, Gerald) (Entered: 10/31/2008)
11/02/2008 27 NOTICE of Change of Address by F. Peter J ames. (J ames, F. Peter) (Entered: 11/02/2008)
11/03/2008 NOTE: Counsel for Ciciliano & Associates advised to update their contact information in their
CM/ECF accounts. (MJ Z) (Entered: 11/03/2008)
11/06/2008 28 ORDER GRANTING 26 Stipulation to Extend Briefing Deadlines. Plaintiff's Brief due by
11/5/2008. Defendants' Briefs due by 11/19/2008. Signed by J udge Robert C. J ones on 11/6/08.
(Copies have been distributed pursuant to the NEF - ES) (Entered: 11/06/2008)
11/07/2008 29 Ex Parte MOTION for Leave to File Untimely Brief by Plaintiff Elizabeth Halverson. Motion
ripe 11/7/2008. (Attachments: #1 Proposed Order)(J ames, F. Peter) (Entered: 11/07/2008)
11/12/2008 30 MINUTE ORDER IN CHAMBERS of the Honorable J udge Robert C. J ones, on 11/12/2008.
IT IS SO ORDERED that 29 Plaintiff's Ex Parte Motion for Leave to File will not be
considered on an Ex Parte basis and is therefore, DENIED. (Copies have been distributed
pursuant to the NEF - TKH) (Entered: 11/12/2008)
11/13/2008 31 STIPULATION Stipulation and Request to Continue Hearing and Extension of Briefing
Deadlines by Plaintiff Elizabeth Halverson, Defendants Nevada Commission on J udicial
Discipline, Dorothy Nash Holmes. (Creer, Richard) (Entered: 11/13/2008)
11/20/2008 32 ORDER GRANTING 31 Stipulation to Continue Deadlines and Hearing on Plaintiff's Motion
for Preliminary Injunction. Opening brief due by 12/1/2008. Responses due by 12/15/2008.
Motion Hearing reset for 1/26/2009 at 10:00 AM in LV Courtroom 7D before J udge Robert C.
J ones. Signed by J udge Robert C. J ones on 11/19/08. (Copies have been distributed pursuant to
the NEF - ES) (Entered: 11/21/2008)
12/01/2008 33 BRIEF filed by Plaintiff Elizabeth Halverson. In Support of Preliminary Injunction
(Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 4, #4 Exhibit
Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit
Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10)(J ames, F. Peter) (Entered:
12/01/2008)
12/01/2008 34 MOTION to Withdraw as Attorney by G. Luke Ciciliano & F. Peter J ames. by Plaintiff
Elizabeth Halverson. Motion ripe 12/1/2008. (Attachments: #1 Certificate of Service, #2
Proposed Order Granting Withdrawal)(Ciciliano, Gerald) (Entered: 12/01/2008)
12/03/2008 35 ORDER granting 34 Motion to Withdraw as Attorney. Gerald Luke Ciciliano and F. Peter
J ames withdrawn from the case. Signed by Magistrate J udge Lawrence R. Leavitt on 12/3/08.
(Copies have been distributed pursuant to the NEF - ASB) (Entered: 12/03/2008)
12/15/2008 36 MOTION to Extend Time regarding discovery/non dispositive matter Defendant Nevada
Commission on Judicial Discipline's Request for Extension of Time to Respond to Plaintiff's
Motion for Preliminary Injunction by Defendant Nevada Commission on J udicial Discipline.
Motion ripe 12/15/2008. (Attachments: #1 Affidavit Affidavit of R. Todd Creer)(Creer,
Richard) (Entered: 12/15/2008)
12/15/2008 37 RESPONSE to 3 Emergency MOTION for Temporary Restraining Order and Preliminary
Injunction; filed by Defendant Dorothy Nash Holmes. Replies due by 12/29/2008. (Davis, J ill)
(Entered: 12/15/2008)
12/16/2008 38 MINUTE ORDER IN CHAMBERS of the Honorable J udge Robert C. J ones, on 12/16/2008.
By Deputy Clerk: K. Goetsch. Based on scheduling needs of the Court, IT IS HEREBY
ORDERED the Preliminary Injunction Hearing which was previously scheduled for 1/26/2009,
is RESCHEDULED to 2/2/2009, at 09:00 AM in LV Courtroom 7D before J udge Robert C.
J ones.(no image attached) (Copies have been distributed pursuant to the NEF - KXG)
(Entered: 12/16/2008)
12/18/2008 41 Counter MOTION to Dismiss by Defendant Nevada Commission on J udicial Discipline.
Responses due by 1/5/2009. (MJ Z) (Entered: 01/09/2009)
12/19/2008 39 RESPONSE to 3 Motion for Preliminary Injunction; filed by Defendant Nevada Commission
on J udicial Discipline. Replies due by 1/2/2009. (Attachments: #1 Exhibit Exhibits 1 to 3 to
Defendant Nevada Commission on J udicial Discipline's Opposition to Plaintiff's Motion for a
Preliminary Injunction and Defendant Nevada Commission on J udicial Discipline's
Countermotion to Dismiss Plaintiff's Complaint, #2 Exhibit Exhibits 4 to 7 to Defendant
Nevada Commission on J udicial Discipline's Opposition to Plaintiff's Motion for a Preliminary
Injunction and Defendant Nevada Commission on J udicial Discipline's Countermotion to
Dismiss Plaintiff's Complaint)(Creer, Richard) (Entered: 12/19/2008)
01/06/2009 40 ORDER granting 36 Motion to Extend Time. Responses due by 12/22/2008 re 3 Emergency
MOTION for Temporary Restraining Order and Preliminary Injunction. Signed by J udge
Robert C. J ones on 1/5/09. (Copies have been distributed pursuant to the NEF - ES) (Entered:
01/06/2009)
01/09/2009 NOTICE of Docket Correction to 39 Response to Motion for Preliminary Injunction : ERROR:
Document should have been filed as two separate entries by Attorney Richard Creer;
CORRECTION: Refiled by Court as 41 Counter MOTION to Dismiss. (no image
attached)(MJ Z) (Entered: 01/09/2009)
01/12/2009 42 NOTICE of Hearing on 41 MOTION to Dismiss : Oral argument on the referenced motion is
scheduled to be heard in conjunction with the preliminary injunction hearing, on Monday,
2/2/2009, at 09:00 AM in LV Courtroom 7D before J udge Robert C. J ones. (no image
attached)(KXG) (Entered: 01/12/2009)
01/21/2009 43 MINUTE ORDER IN CHAMBERS of the Honorable J udge Robert C. J ones, on 1/21/2009.
By Deputy Clerk: K. Goetsch. IT IS HEREBY ORDERED the Preliminary Injunction hearing,
as well as the hearing RE: 41 MOTION to Dismiss which was previously noticed by the clerk
for 2/2/2009. at 9:00 AM is VACATED. Written Decision by the Court will follow.(no image
attached) (Copies have been distributed pursuant to the NEF - KXG) (Entered: 01/21/2009)
03/26/2009 44 ORDER DENYING Plaintiff's 3 Motion for Preliminary Injunction and GRANTING
Defendants' 41 Motion to Dismiss. Signed by J udge Robert C. J ones on 3/26/09. (Copies have
been distributed pursuant to the NEF - ECS) (Entered: 03/26/2009)
03/26/2009 45 CLERK'S J UDGMENT in favor of Defendants and against Elizabeth Halverson. Signed by
Lance S. Wilson on 3/26/09. (Copies have been distributed pursuant to the NEF - ECS)
(Entered: 03/26/2009)
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2:08-cv-01006-RCJ -
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