Case: Calvary Chapel Dayton Valley v. Sisolak

3:20-cv-00303 | U.S. District Court for the District of Nevada

Filed Date: May 22, 2020

Closed Date: May 13, 2021

Clearinghouse coding complete

Case Summary

On May 22, 2020, a Nevada church filed this lawsuit against the Governor of Nevada, challenging the state’s restrictions on congregational worship during the COVID-19 pandemic. Represented by the Alliance Defending Freedom, the church filed suit in the U.S. District Court for the District of Nevada. The case was assigned to Judge Larry R. Hicks; when he recused himself, the case was reassigned to Chief Judge Miranda M. Du, and later, based on relatedness to Calvary Chapel Lone Mountain v. Sisol…

On May 22, 2020, a Nevada church filed this lawsuit against the Governor of Nevada, challenging the state’s restrictions on congregational worship during the COVID-19 pandemic. Represented by the Alliance Defending Freedom, the church filed suit in the U.S. District Court for the District of Nevada. The case was assigned to Judge Larry R. Hicks; when he recused himself, the case was reassigned to Chief Judge Miranda M. Du, and later, based on relatedness to Calvary Chapel Lone Mountain v. Sisolak, to Judge Richard F. Boulware, II.

In its complaint, the church alleged that the governor’s ban on gathering was unconstitutional. The governor had prohibited public gatherings of 10 or more people, including worship gatherings. However, numerous types of businesses were exempt, and allowed to operate at 50% capacity: restaurants, nail salons, barbershops, and others. When the church filed an amended complaint on May 28, 2020, the governor’s order had been amended: up to 50 people could gather to worship, but the list of businesses allowed to operate at 50% capacity had grown to include gyms, bars, swimming pools, museums, casinos, malls, and bowling alleys. For many of these businesses (particularly casinos), 50% capacity meant groups of several hundred. The church questioned the logic of allowing gatherings of hundreds at casinos in Las Vegas while restricting worship, under threat of criminal and civil penalties, in remote and rural Lyon County. (The Sheriff of Lyon County, also named as a defendant in the lawsuit, supported the church’s position of opposition to the governor’s statewide orders.)

Additionally, state officials had declined to enforce the gathering ban on large groups of police violence protestors; the governor had publicly supported and encouraged such protests. The church alleged that the facial non-neutrality of the orders, and the state’s inconsistent enforcement of those orders, amounted to a violation of the church’s First Amendment rights of assembly, speech, and free exercise. It sued under 42 U.S.C. § 1983, seeking declaratory relief, injunctive relief, and attorneys’ fees and costs.

On May 28, 2020, after unsuccessful attempts to persuade the governor to amend his orders, the church filed an emergency motion for a temporary restraining order, seeking to be allowed to gather on Sunday, May 31 for Pentecost Sunday. The court (Chief Judge Miranda M. Du) denied the motion the following day, concluding that it was unreasonable for the church to submit an emergency motion one business day before its desired meeting on Pentecost. The court also denied the church’s emergency motion for reconsideration. Two weeks later, on June 11, 2020, the court (now Judge Richard F. Boulware, II) denied the church’s motions for temporary restraining order or preliminary injunction, finding that the church had not succeeded in demonstrating a likelihood of success on the merits. 2020 WL 4260438.

The church appealed to the Ninth Circuit on June 15, 2020, seeking an injunction pending appeal. The Ninth Circuit denied this motion on July 2. 2020 WL 4274901. The church then appealed to the United States Supreme Court, seeking an injunction while the appeal proceeded in the Ninth Circuit. The Supreme Court denied the request on July 24, 2020, over three dissents by four members of the court. 140 S. Ct. 2603. In one dissent, Justice Gorsuch stated that “The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.” On October 26, 2020, the Ninth Circuit denied the motion to dismiss the appeal as moot.

On November 5, the church filed a petition for writ of certiorari before judgment to the Supreme Court in advance of oral argument in the Ninth Circuit regarding the church's appeal of the preliminary injunction; the requested expedited review before the end of the Court's 2020 Term, stating that failure to quickly resolve the issue could lead to months of First Amendment rights being abridged.

On December 15, 2020, the Ninth Circuit reversed the district court and remanded the case for further proceedings, finding that based on Roman Catholic Diocese of Brooklyn v. Cuomo the plaintiffs had demonstrated a likelihood of success on the merits of the Free Exercise claims. In particular, although slowing the spread of COVID-19 was a compelling interest, the order was not narrowly tailored enough to serve that interest. The opinion instructed the lower court to employ strict scrutiny in its review of the governmental order and preliminarily enjoined the defendants from imposing attendance limitations on in-person services. 982 F.3d 1228.

Following this, the church submitted a reply brief to the Supreme Court on December 22, stating that although the court did a "commendable job" applying Roman Catholic Diocese, review was still warranted because the Ninth Circuit had still granted a preliminary injunction allowing the church to meet at a 25% capacity limit, which was the same as casinos, museums, and other similar spaces. The church also requested a stay in the district court proceedings, and requested that the Ninth's Circuit remain in effect until the Supreme Court issued a ruling on the petition, which Judge Boulware granted on January 5, 2021. The Supreme Court denied the petition on January 25, 2021.

On April 7, 2021, the parties filed a consent decree, which was intended to resolve all claims by the church. The consent decree stipulated that Nevada was permanently enjoined from enforcing the numerical capacity limits on indoor religious gatherings as specified in Directive 021 and 035, as well as from enforcing a percentage capacity limit on indoor religious gatherings that was less favorable than the highest percentage capacity limits imposed on other indoor facilities. Nevada agreed to pay the church's reasonable attorneys' fees and costs. Judge Boulware approved the consent decree on May 13, 2021 and the case is now closed.

Summary Authors

Gregory Marsh (8/8/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17192286/parties/calvary-chapel-dayton-valley-v-sisolak/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Boulware, Richard Franklin II (Nevada)

Du, Miranda Mai (Nevada)

Ferenbach, Cam (Nevada)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Cortman, David A. (Georgia)

Galus, Jeremiah (Arizona)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Boulware, Richard Franklin II (Nevada)

Du, Miranda Mai (Nevada)

Ferenbach, Cam (Nevada)

Kagan, Elena (District of Columbia)

Kavanaugh, Brett M. (District of Columbia)

Schroeder, Mary Murphy (Arizona)

Thomas, Sidney Runyan (Montana)

Attorneys(s) for Plaintiff

Cortman, David A. (Georgia)

Galus, Jeremiah (Arizona)

Guinasso, Jason D (Nevada)

Tucker, Ryan Jeffery (Arizona)

Waggoner, Kristen K. (Arizona)

Attorneys(s) for Defendant

Anderson, Craig R (Nevada)

Ford, Aaron D. (Nevada)

Hardy, Brian R (Nevada)

Newby, Craig A (Nevada)

Expert/Monitor/Master

Azzam, Ihsan (Nevada)

Documents in the Clearinghouse

Document

Docket

May 13, 2021 Docket
1

Verified Complaint for Declaratory and Injunctive Relief

May 22, 2020 Complaint
8

Verified First Amended Complaint for Declaratory and Injunctive Relief

May 28, 2020 Complaint
9 & 9-1 to 9-3

Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction

May 28, 2020 Pleading / Motion / Brief
22

Opposition to Request for Reconsideration

May 29, 2020 Pleading / Motion / Brief
20

Request for Reconsideration of Order Denying Emergency Temporary Restraining Order

May 29, 2020 Pleading / Motion / Brief
19, 19-1, 19-2 & 19-3

Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction

May 29, 2020 Pleading / Motion / Brief
23

Order

May 30, 2020 Order/Opinion
29

Opposition to Plaintiffs' Emergency Motion for Preliminary Injunction

June 2, 2020 Pleading / Motion / Brief
32

Limited Joinder of Sherriff Frank Hunewill to the Opposition [ECF NO 29] Filed by the Governor and Attorney General of Nevada

June 2, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Calvary Chapel Dayton Valley v. Sisolak

Alliance Defending Freedom

A provision of Nevada Gov. Steve Sisolak’s COVID-19 executive order unconstitutionally treated religious congregations different from many secular gatherings. Aug. 6, 2020 https://www.adflegal.org/case/calvary-chapel-dayton-valley-v-sisolak

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17192286/calvary-chapel-dayton-valley-v-sisolak/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT against All Plaintiffs (Filing fee $400 receipt number 0978−6015961) by Calvary Chapel Dayton Valley. Proof of service due by 8/20/2020. (Attachments: # 1 Index Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Civil Cover Sheet, # 13 Summons Summons− Aaron Ford, # 14 Summons Summons− Steve Sisolak, # 15 Summons Summons− Frank Hunewill) (Guinasso, Jason) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1−1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. (Entered: 05/22/2020)

May 22, 2020

Case randomly assigned to District Judge Larry R. Hicks and Magistrate Judge Carla Baldwin. (WJ) (Entered: 05/22/2020)

May 22, 2020
2

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11−2. Counsel Kristen K. Waggoner to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/5/2020. (no image attached) (WJ) (Entered: 05/22/2020)

May 22, 2020
3

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11−2. Counsel Ryan J. Tucker to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/5/2020. (no image attached) (WJ) (Entered: 05/22/2020)

May 22, 2020
4

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11−2. Counsel Jeremiah Galus to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/5/2020. (no image attached) (WJ) (Entered: 05/22/2020)

May 22, 2020
5

NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11−2. Counsel David A. Cortman to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website − www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 6/5/2020. (no image attached) (WJ) (Entered: 05/22/2020)

May 22, 2020
6

CERTIFICATE of Interested Parties by Calvary Chapel Dayton Valley. There are no known interested parties other than those participating in the case (Guinasso, Jason) (Entered: 05/22/2020)

May 22, 2020
7

SUMMONSES ISSUED as to All Defendants re ECF No. 1 Complaint. (Attachments: # 1 Summons Governor Steve Sisolak, # 2 Summons Sheriff Frank Hunewill) (KR) (Entered: 05/26/2020)

May 26, 2020
8

First AMENDED COMPLAINT against All Defendants by Calvary Chapel Dayton Valley. No changes to parties. (Attachments: # 1 Index Index of Exhibits to Amended Complaint, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Exhibit Exhibit 8, # 10 Exhibit Exhibit 9, # 11 Exhibit Exhibit 10, # 12 Exhibit Exhibit 11, # 13 Exhibit Exhibit 12, # 14 Exhibit Exhibit 13, # 15 Exhibit Exhibit 14) (Guinasso, Jason) (Entered: 05/28/2020)

May 28, 2020
9

Emergency MOTION for Temporary Restraining Order by Plaintiff Calvary Chapel Dayton Valley. (Attachments: # 1 Declaration Declaration of G. Leist, # 2 Declaration Declaration of J. Guinasso, # 3 Proposed Order Proposed Order) (Guinasso, Jason) (Entered: 05/28/2020)

May 28, 2020
10

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by David A. Cortman and DESIGNATION of Local Counsel Jason D. Guinasso (Filing fee $ 250 receipt number 0978−6021336) by Plaintiff Calvary Chapel Dayton Valley. (Guinasso, Jason) (Entered: 05/28/2020)

May 28, 2020
11

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Jeremiah Galus and DESIGNATION of Local Counsel Jason D. Guinasso (Filing fee $ 250 receipt number 0978−6021364) by Plaintiff Calvary Chapel Dayton Valley. (Guinasso, Jason) (Entered: 05/28/2020)

May 28, 2020
13

MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by Ryan J. Tucker and DESIGNATION of Local Counsel Jason D. Guinasso (Filing fee $ 250 receipt number 0978−6021402) by Plaintiff Calvary Chapel Dayton Valley. (Guinasso, Jason) (Entered: 05/28/2020)

May 28, 2020
14

MINUTE ORDER IN CHAMBERS of the Honorable Judge Larry R. Hicks on 5/28/2020. By Judicial Assistant: Elaine Muhlebach. With good cause appearing, the Honorable Judge Larry R. Hicks recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF − EM) (Entered: 05/28/2020)

May 28, 2020
15

CLERK'S NOTICE that this case is randomly reassigned to Chief Judge Miranda M. Du for all further proceedings. All further documents must bear the correct case number 3:20−cv−00303−MMD−CLB . (no image attached) (LE) (Entered: 05/28/2020)

May 28, 2020
16

ORDER − Emergency basis denied. Expedited briefing set re ECF No. 9 Motion : Response due by 6/2/2020. Reply due by 6/3/2020. A telephonic hearing will likely be scheduled for June 4, 2020, to the extent the Court determines a hearing is necessary. Signed by Chief Judge Miranda M. Du on 5/29/2020. (Copies have been distributed pursuant to the NEF − DRM) (Entered: 05/29/2020)

May 29, 2020
17

STANDING ORDER. This case has been assigned to the Honorable Miranda M. Du. Chief Judge Du's Civil Standing Order is posted on the U.S. District Court, District of Nevada public website and may be accessed directly via this hyperlink: www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF − KO) (Entered: 05/29/2020)

May 29, 2020
18

CLERK'S NOTICE. Attorney Action Required to ECF No. 9 . Document was not filed pursuant to LR IC 2−2(b). For each type of relief requested or purpose, a separate document must be filed. Counsel is advised to refile ECF No. 9 and be in compliance with LR IC 2−2(b) and LR IC 2−2(c) by filing the Motion for Preliminary Injunction as a separate document. Counsel may use the same PDF files as used in ECF No. 9 . (no image attached) (WJ) (Entered: 05/29/2020)

May 29, 2020
19

Emergency MOTION for Preliminary Injunction re 9 Motion for TRO, by Plaintiff Calvary Chapel Dayton Valley. Responses due by 6/12/2020. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Proposed Order) (Guinasso, Jason) (Entered: 05/29/2020)

May 29, 2020
20

Emergency MOTION for Reconsideration re 9 Motion for TRO, 19 Motion for Preliminary Injunction by Plaintiff Calvary Chapel Dayton Valley. Responses due by 6/12/2020. (Attachments: # 1 Index, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5) (Guinasso, Jason) (Entered: 05/29/2020)

May 29, 2020
21

Emergency MOTION for Reconsideration re 9 Motion for TRO, 19 Motion for Preliminary Injunction by Plaintiff Calvary Chapel Dayton Valley. Responses due by 6/12/2020. (Attachments: # 1 Index, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5) (Guinasso, Jason) (Entered: 05/29/2020)

May 29, 2020
22

RESPONSE to 20 Motion for Reconsideration, by Defendants Aaron Ford, Steve Sisolak. Replies due by 6/5/2020. (Newby, Craig) (Entered: 05/29/2020)

May 29, 2020
23

ORDER denying 20 , 21 Motion for Reconsideration. Signed by Chief Judge Miranda M. Du on 5/29/2020. (Copies have been distributed pursuant to the NEF − KO) (Entered: 05/30/2020)

May 30, 2020
25

ORDER approving ECF No. 10 Verified Petition for Permission to Practice Pro Hac Vice of Attorney David A. Cortman for Plaintiff Calvary Chapel Dayton Valley and approving Designation of Local Counsel Jason D. Guinasso. Signed by Judge Richard F. Boulware, II on 5/31/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF − DRM) (Entered: 06/01/2020)

May 31, 2020
26

ORDER approving ECF No. 11 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Jeremiah Galus for Plaintiff Calvary Chapel Dayton Valley and approving Designation of Local Counsel Jason D. Guinasso. Signed by Judge Richard F. Boulware, II on 5/31/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF − DRM) (Entered: 06/01/2020)

May 31, 2020
27

ORDER approving ECF No. 12 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Kristen K. Waggoner for Plaintiff Calvary Chapel Dayton Valley and approving Designation of Local Counsel Jason D. Guinasso. Signed by Judge Richard F. Boulware, II on 5/31/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF − DRM) (Entered: 06/01/2020)

May 31, 2020
28

ORDER approving ECF No. 13 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Ryan J. Tucker for Plaintiff Calvary Chapel Dayton Valley and approving Designation of Local Counsel Jason D. Guinasso. Signed by Judge Richard F. Boulware, II on 5/31/2020. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF − DRM) (Entered: 06/01/2020)

May 31, 2020
29

RESPONSE to 9 Motion for TRO, 19 Motion for Preliminary Injunction by Defendants Steve Sisolak, Aaron Ford. Replies due by 6/9/2020. (Attachments: # 1 Exhibit) (Newby, Craig) (Entered: 06/02/2020)

June 2, 2020
30

NOTICE of Appearance by attorney Brian R. Hardy on behalf of Defendant Frank Hunewill. (Hardy, Brian) (Entered: 06/02/2020)

June 2, 2020
31

CERTIFICATE of Interested Parties by Frank Hunewill. There are no known interested parties other than those participating in the case (Hardy, Brian) (Entered: 06/02/2020)

June 2, 2020
32

JOINDER to 29 Response by Defendant Frank Hunewill. (Hardy, Brian) Modified on 6/3/2020 add link to 9 19 (WJ). (Entered: 06/02/2020)

June 2, 2020
33

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/2/2020. If the Plaintiff is seeking alternative or modified relief beyond that requested in its Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 19), IT IS ORDERED that the Plaintiff must file a supplement to the Motion by June 3, 2020. The Defendants shall make a special appearance and file its response to the supplement and Motion by June 7, 2020. IT IS FURTHER ORDERED that a hearing on the Preliminary Injunction Motion shall be held by videoconference on June 9, 2020 at 11:00 AM in LV Courtroom 7C before Judge Richard F. Boulware, II. The Court shall issue a minute order with the details of this videoconference. (no image attached) (Copies have been distributed pursuant to the NEF − BEL) (Entered: 06/02/2020)

June 2, 2020
34

CLERK'S NOTICE Regarding Local Rule IC 2−2(d). ECF No. 32 was not filed pursuant to LR IC 2−2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket−entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) (Entered: 06/03/2020)

June 3, 2020
35

First MOTION to Extend Time (First Request) re 16 Order, 33 Minute Order,,,, Terminate Deadlines/Hearings,,,, Set/Reset Deadlines & Hearings,,, by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 06/03/2020)

June 3, 2020
36

Submission of PROPOSED ORDER on 35 Motion to Extend/Shorten Time by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 06/03/2020)

June 3, 2020
37

ORDER Granting Plaintiff's MOTION for Extension of time (ECF No. 35. Plaintiff shall file its supplement in support of its 19 Emergency Motion for Preliminary Injunction by June 4, 2020. Signed by Judge Richard F. Boulware, II on 6/3/2020. (Copies have been distributed pursuant to the NEF − BEL) (Entered: 06/03/2020)

June 3, 2020
38

SUPPLEMENT to 19 Motion for Preliminary Injunction by Plaintiff Calvary Chapel Dayton Valley (Attachments: # 1 Index, # 2 Exhibit 15, # 3 Exhibit 16, # 4 Exhibit 17, # 5 Exhibit 18, # 6 Exhibit 19, # 7 Exhibit 20, # 8 Exhibit 21, # 9 Exhibit 22, # 10 Exhibit 23, # 11 Exhibit 24, # 12 Exhibit 25, # 13 Exhibit 26, # 14 Exhibit 27, # 15 Exhibit 28, # 16 Exhibit 29, # 17 Exhibit 30, # 18 Exhibit 31, # 19 Exhibit 32, # 20 Exhibit 33, # 21 Exhibit 34, # 22 Exhibit 35, # 23 Exhibit 36, # 24 Exhibit 37, # 25 Exhibit 38, # 26 Exhibit 39, # 27 Exhibit 40, # 28 Exhibit 41, # 29 Exhibit 42, # 30 Exhibit 43, # 31 Exhibit 44, # 32 Exhibit 45) (Tucker, Ryan) (Entered: 06/04/2020)

June 4, 2020
39

RESPONSE to 38 Supplement,, by Defendant Steve Sisolak. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Newby, Craig) Modified on 6/8/2020 add link to 19 (WJ). (Entered: 06/07/2020)

June 7, 2020
40

CLERK'S NOTICE Regarding Local Rule IC 2−2(d). ECF No. 39 was not filed pursuant to LR IC 2−2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket−entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ) (Entered: 06/08/2020)

June 8, 2020
45

MINUTES OF PROCEEDINGS − Motion Hearing re: Preliminary Injunction and Temporary Restraining Order on 6/9/2020 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi ; Pla Counsel: Ryan Tucker, Esq., Jason Guinasso, Esq. ; Def Counsel: Craig Newby, Deputy, S.G., Brian Hardy, Esq. ; Court Reporter: Patty Ganci ; Time of Hearing: 11:12 AM − 11:58 AM ; Courtroom: 7C .The court notes that the hearing is consolidated as counsel for parties in both cases are present with case 2:20−cv−00907−RFB−VCF preceding this instant matter. The Court makes preliminary statements and hears representations from the parties regarding 9 Emergency Motion for Temporary Restraining Order and 19 Emergency Motion for Preliminary Injunction. For the reasons stated on the record and further expounded upon in a forthcoming written order, the Court denies the motions without prejudice. A written order will issue. (no image attached) (Copies have been distributed pursuant to the NEF − BEL) (Entered: 06/14/2020)

June 9, 2020
41

MOTION for Leave to File Post−Hearing Supplemental Brief re 19 Motion for Preliminary Injunction by Plaintiff Calvary Chapel Dayton Valley. (Attachments: # 1 Supplement Post−Hearing Brief, # 2 Index to Post Hearing Brief Exhibits, # 3 Exhibit 46 to Post−Hearing Brief, # 4 Exhibit 47 to Post−Hearing Brief, # 5 Exhibit 48 to Post−Hearing Brief, # 6 Exhibit 49 to Post−Hearing Brief, # 7 Exhibit 50 to Post−Hearing Brief, # 8 Exhibit 51 to Post−Hearing Brief, # 9 Exhibit 52 to Post−Hearing Brief, # 10 Exhibit 53 to Post−Hearing Brief, # 11 Exhibit 54 to Post−Hearing Brief, # 12 Exhibit 55 to Post−Hearing Brief, # 13 Exhibit 56 to Post−Hearing Brief) (Tucker, Ryan) (Entered: 06/10/2020)

June 10, 2020
42

RESPONSE to 41 Motion for Leave to File Document,, by Defendants Steve Sisolak, Aaron Ford. Replies due by 6/18/2020. (Newby, Craig) (Entered: 06/11/2020)

June 11, 2020
43

ORDER − Plaintiff's Emergency Motion for Temporary Restraining Order and Emergency Motion for Preliminary Injunction (ECF Nos. 9 , 19 ) are DENIED . The Motion for Leave (ECF No. 41 ) is DENIED without prejudice. The Court does grant Plaintiff leave to file a new subsequent Motion for Injunctive Relief in which it may provide more evidence for an as−applied challenge to the Emergency Directive. The Court finds that full briefing would be appropriate for consideration of any additional evidence presented by any party. Signed by Judge Richard F. Boulware, II on 6/11/2020. (Copies have been distributed pursuant to the NEF − AB) (Entered: 06/12/2020)

June 11, 2020
44

TRANSCRIPT of Proceedings, held on 6/9/2020, Motion Hearing, before Judge Richard F. Boulware, II. Court Reporter: Patricia Ganci, PG@nvd.uscourts.gov. Any Redaction Request is due by 7/5/2020. Redacted Transcript Deadline is set for 7/15/2020. Release of the Transcript Restriction is set for 9/12/2020. 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) (Entered: 06/14/2020)

June 14, 2020
46

NOTICE OF APPEAL as to 43 Order on Motion for Leave to File Document,,, Order on Motion for TRO,,, Order on Motion for Preliminary Injunction,,,,, by Plaintiff Calvary Chapel Dayton Valley. Filing fee $ 505, receipt number 0978−6044164. E−mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: # 1 Representation Statement) (Tucker, Ryan) (Entered: 06/15/2020)

June 15, 2020
47

MOTION and Memorandum in Support for an Injunction Pending Appeal by Plaintiff Calvary Chapel Dayton Valley. Responses due by 6/29/2020. (Attachments: # 1 Proposed Order) (Tucker, Ryan) (Entered: 06/15/2020)

June 15, 2020
48

FORMS − Designation of Transcripts and Transcript Order forms and instructions for ECF No. 46 Notice of Appeal. Forms may also be obtained on the Court's website at www.nvd.uscourts.gov. (Attachments: # 1 Transcript Order Form) (KR) (Entered: 06/16/2020)

June 16, 2020
49

USCA, Ninth Circuit Appellate Case Number 20−16169 assigned to ECF No. 46 Notice of Appeal. (DRM) (Entered: 06/16/2020)

June 16, 2020
50

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/16/2020.IT IS ORDERED that Defendants must file a response to Plaintiff's Motion 47 in Support for an Injunction Pending Appeal by Wednesday, June 17th at 5:00 PM. (no image attached) (Copies have been distributed pursuant to the NEF − BEL) (Entered: 06/16/2020)

June 16, 2020
51

RESPONSE to 47 Motion by Defendant Frank Hunewill. Replies due by 6/24/2020. (Hardy, Brian) (Entered: 06/17/2020)

June 17, 2020
52

RESPONSE to 47 Motion by Defendant Steve Sisolak, Aaron Ford. Replies due by 6/24/2020. (Newby, Craig) (Entered: 06/17/2020)

June 17, 2020
53

REPLY to Response to 47 Motion by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 06/18/2020)

June 18, 2020
54

TRANSCRIPT DESIGNATION by Plaintiff Calvary Chapel Dayton Valley re 46 Notice of Appeal, 44 Transcript,, 45 Preliminary/Permanent Injunction Hearing,,,,, Terminate Deadlines/Hearings,,,,. (Tucker, Ryan) (Entered: 06/19/2020)

June 19, 2020
55

ORDER denying Plaintiff's Motion for An Injunction. ECF No. 47 . Signed by Judge Richard F. Boulware, II on 6/19/2020. (Copies have been distributed pursuant to the NEF − BEL) (Copies have been distributed pursuant to the NEF − BEL) (Entered: 06/19/2020)

June 19, 2020
56

ORDER of USCA, Ninth Circuit, as to ECF No. 46 Notice of Appeal, filed by Calvary Chapel Dayton Valley. Appellant's emergency motion for injunctive relief pending appeal is denied. The previously established briefing schedule remains in effect. USCA Case Number 20−16169 . (Copies have been distributed pursuant to the NEF − AB) (Entered: 07/02/2020)

July 2, 2020
57

NOTICE Letter from USSC to USCA dtd 7/24/2020. The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. (Supreme Court No. 19A1070). USCA Case No. 20−16169 . (LW) (Entered: 07/27/2020)

July 24, 2020
57

NOTICE Letter from USSC to USCA dtd 7/24/2020. The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. (Supreme Court No. 19A1070). USCA Case No. 20-16169. (LW) (Entered: 07/27/2020)

July 24, 2020 PACER
58

NOTICE from USSC to USCA dated 11/10/2020 that petition for writ of certiorari has been filed and docketed. USSC case 20-639, USCA case 20-16169. (KR) (Entered: 11/16/2020)

Nov. 10, 2020 PACER
59

MEMORANDUM/OPINION of USCA, Ninth Circuit, as to ECF No. 46 Notice of Appeal. USCA REVERSED AND REMANDED. USCA Case 20-16169. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
60

MANDATE of USCA, Ninth Circuit, as to ECF No. 59 USCA Memorandum/Opinion USCA Case 20-16169. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 12/15/2020)

Dec. 15, 2020 PACER
61

ORDER on Mandate as to ECF Nos. 59 USCA Memorandum/Opinion and 60 USCA Mandate reversing and remanding. A Status Conference is set for 12/28/2020 at 11:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware II. The instruction regarding videoconference appearance to be issued. USCA Case Number 20-16169. Signed by Judge Richard F. Boulware, II on 12/18/2020. (Copies have been distributed pursuant to the NEF - AB) (Entered: 12/21/2020)

Dec. 18, 2020 PACER
62

MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/21/2020. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that a Status Conference Hearing is set for December 28, 2020 at 11:00 AM in LV Courtroom 7C by videoconference before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsels agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
63

MINUTES OF PROCEEDINGS - Status Conference held on 12/28/2020 before the Honorable Richard F. Boulware, II Crtrm Administrator: Blanca Lenzi; Pla Counsel: Ryan Tucker, Esq., (20cv303); Sigal Chattah, Esq.(20cv907); Def Counsel: Craig Newby, Deputy SG: Def Counsel: Brian Hardy, Esq.(20cv303); Court Reporter: Patty Ganci; Time of Hearing: 11:16 AM - 11:50 AM; Courtroom: 7C; Plaintiff and Defense Counsel are present appearing by videoconference. The Court makes preliminary statements and hears representations from the parties regarding the temporary injunction. For reasons sated on the record, IT IS ORDERED that Parties shall submit a proposed order addressing the issues raised by this Court by January 4, 2021. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) (Entered: 01/04/2021)

Dec. 28, 2020 PACER
64

Joint STATUS REPORT by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 01/04/2021)

Jan. 4, 2021 PACER
65

ORDER - Based upon the parties' joint status report (ECF No. 64 ), it is hereby ordered that this case is stayed pending resolution of the petition for writ of certiorari filed by Calvary Chapel Dayton Valley at the United States Supreme Court. The injunction of the United States Court of Appeals for the Ninth Circuit shall remain in effect until further ruling by this Court. The parties are further ordered to file a joint status report within seven (7) days of the United States Supreme Courts ruling on Calvary Chapel Dayton Valley's petition for writ of certiorari. Signed by Judge Richard F. Boulware, II on 1/5/2021. (Copies have been distributed pursuant to the NEF - AB) (Entered: 01/05/2021)

Jan. 5, 2021 RECAP
66

NOTICE of Appearance by attorney Kathleen Ann Wilde on behalf of Defendant Frank Hunewill. (Wilde, Kathleen) (Entered: 01/05/2021)

Jan. 5, 2021 PACER

~Util - Terminate Deadlines/Hearings

Jan. 5, 2021 PACER
67

NOTICE from USSC Clerk to USCA Clerk dtd 1/11/2021 - Briefing schedule set. USSC Case No. 20-639. USCA Case No. 20-16169. (DRM) (Entered: 01/12/2021)

Jan. 12, 2021 PACER
68

Joint STATUS REPORT and Proposed Order by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 02/01/2021)

Feb. 1, 2021 PACER
69

Joint STATUS REPORT and Proposed Order by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 02/17/2021)

Feb. 17, 2021 PACER
70

Joint STATUS REPORT and Proposed Order by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 02/26/2021)

Feb. 26, 2021 PACER
71

ORDER of USCA, Ninth Circuit, as to ECF No. 46 Notice of Appeal, filed by Calvary Chapel Dayton Valley. Appellees' motion to extend the deadline by fourteen days to file a response to Appellant's pending motion for attorneys' fees is GRANTED. No further motions to extend time will be granted. USCA Case Number 20-16169. (Copies have been distributed pursuant to the NEF - AB) (Entered: 03/24/2021)

March 24, 2021 PACER
72

STATUS REPORT and Proposed Order by Plaintiff Calvary Chapel Dayton Valley. (Tucker, Ryan) (Entered: 03/24/2021)

March 24, 2021 PACER
73

NOTICE Consent Decree by Aaron Ford, Steve Sisolak. (Newby, Craig) (Entered: 04/07/2021)

April 7, 2021 RECAP
74

CONSENT DECREE re ECF No. 73 Notice/Proposed Consent Decree. Signed by Judge Richard F. Boulware, II on 5/13/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/13/2021)

May 13, 2021 RECAP
74

CONSENT DECREE re ECF No. 73 Notice/Proposed Consent Decree. Signed by Judge Richard F. Boulware, II on 5/13/2021. (Copies have been distributed pursuant to the NEF - DRM) (Entered: 05/13/2021)

May 13, 2021 RECAP

State / Territory: Nevada

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 22, 2020

Closing Date: May 13, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A rural Nevada church

Plaintiff Type(s):

Non-profit religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of Nevada, State

Attorney General of Nevada, State

Sheriff of Lyon County (Lyon), County

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Religious programs / policies

Discrimination-basis:

Religion discrimination