Electronically Filed Jan 04 2021 11:26 A.M. Elizabeth A. Brown Clerk of Supreme Court
Electronically Filed Jan 04 2021 11:26 A.M. Elizabeth A. Brown Clerk of Supreme Court
Electronically Filed Jan 04 2021 11:26 A.M. Elizabeth A. Brown Clerk of Supreme Court
1/1/2021 8:43 PM
Steven D. Grierson
CLERK OF THE COURT
ANOA
1
Mark A. Hutchison (4639)
2 Jacob A. Reynolds (10199)
Piers R. Tueller (14633)
3 HUTCHISON & STEFFEN, PLLC
Peccole Professional Park Electronically Filed
4 Jan 04 2021 11:26 a.m.
10080 West Alta Drive, Suite 200
5 Las Vegas, Nevada 89145 Elizabeth A. Brown
Telephone: (702) 385-2500 Clerk of Supreme Court
6 Facsimile: (702) 385-2086
7 Email: [email protected]
[email protected]
8 [email protected]
9 Attorneys for Intervening Plaintiff
10 Stavros Anthony
20
STAVROS ANTHONY, an individual,
21
22 Intervening Plaintiff,
v.
23
CLARK COUNTY BOARD OF
24 COMMISSIONERS, a local government entity;
25 ROSS MILLER, an individual,
26 Defendants.
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Docket 82269 Document 2021-00040
Case Number: A-20-824971-W
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2 Notice is given that Stavros Anthony, Intervening Plaintiff in the above captioned matter,
3 appeals to the Supreme Court of Nevada from the following Orders:
4 1. The District Court’s Order denying Intervenor Stavros Anthony’s Motion for
5 Preliminary Injunction entered in this action on December 4, 2020; and
6 2. The District Court’s Order denying Intervenor Stavros Anthony’s Motion for Writ of
7 Mandamus entered in this action on December 31, 2020; and
8 3. Any and all orders and judgments rendered appealable by the foregoing.
9 DATED this 1st day of January, 2021.
10 HUTCHISON & STEFFEN, PLLC
11
12 /s/ Mark A. Hutchison
Mark A. Hutchison (4639)
13
Jacob A. Reynolds (10199)
14 Piers R. Tueller (14633)
Peccole Professional Park
15 10080 W. Alta Drive, Suite 200
Las Vegas, Nevada 89145
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17 Attorneys for Intervening Plaintiff
Stavros Anthony
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CERTIFICATE OF SERVICE
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Pursuant to NRCP 5(b), I certify that I am an employee of Hutchison & Steffen, PLLC and that
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on this 1st day of January, 2021, I caused the above and foregoing document entitled AMENDED
4
5 NOTICE OF APPEAL to be served through the Court's mandatory electronic service system, per
6 EDCR 8.02, upon the following:
7 TO ALL THE PARTIES ON THE E-SERVICE LIST
8
/s/ Kaylee Conradi
9 An Employee of Hutchison & Steffen, PLLC
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EIGHTH JUDICIAL DISTRICT COURT
CASE SUMMARY
CASE NO. A-20-824971-W
Ross Miller, Plaintiff(s) § Location: Department 11
vs. § Judicial Officer: Gonzalez, Elizabeth
Clark County Board of Commissioners, Defendant(s) § Filed on: 11/17/2020
§ Case Number History:
§ Cross-Reference Case A824971
Number:
CASE INFORMATION
Case
11/17/2020 Open
Status:
PARTY INFORMATION
Lead Attorneys
Plaintiff Miller, Ross Gentile, Dominic P.
Retained
702-862-8300(W)
EVENTS
11/17/2020 Complaint
Filed By: Intervenor Defendant Miller, Ross
ELECTION-RELATED ACTION - Verified Complaint for Declaratory and Injunctive Relief
and Petition for Writ of Mandamus and Prohibition
11/30/2020 Response
Filed by: Intervenor Defendant Miller, Ross
Response to Intervenor's Motion for Preliminary Injunction
12/10/2020 Motion
Filed By: Intervenor Plaintiff Anthony, Stavros
Motion for Writ of Mandamus requiring the Clark County Board of Commissioners to Order a
New Election for Clark County Commission District C
12/14/2020 Response
Filed by: Intervenor Defendant Miller, Ross
Plaintiff's Opposition to Intervenor's Motion for Writ of Mandamus Requiring the Clark
County Board of Commissioners to Order a New Election for Clark County Commission
District C
12/14/2020 Joinder
Filed By: Intervenor Defendant Clark County Board of Commissioners
Joinder to Plaintiff's Opposition to Intervenor's Motion for Writ of Mandamus Requiring the
Clark County Board of Commissioners to Order a New Election for Clark County Commission
District C
12/14/2020 Supplement
Filed by: Intervenor Defendant Miller, Ross
Plaintiff s Supplement to Opposition to Intervenor s Motion for Writ of Mandamus Requiring
the Clark County Board of Commissioners to Order a New Election for Clark County
Commission District C
12/31/2020 Order
Order Denying Intervenor Plaintiff s Motion for Writ of Mandamus Requiring the Clark
County Board of Commissioners to Order a New Election for Clark County Commission
District C
HEARINGS
11/18/2020 Minute Order (7:09 AM) (Judicial Officer: Bell, Linda Marie)
Minute Order - No Hearing Held;
Journal Entry Details:
As this case involves an election matter, per Administrative Order 20-21 this matter shall been
randomly reassigned to one of the designated election judges. CLERK'S NOTE: The above
minute order has been distributed to all registered parties via Odyssey File and Serve.;
11/30/2020 Preliminary Injunction Hearing (1:00 PM) (Judicial Officer: Gonzalez, Elizabeth)
MOTION FOR PRELIMINARY INJUNCTION ON AN ORDER SHORTENING TIME
BEFORE TUESDAY, DECEMBER 1, 2020
Denied;
Journal Entry Details:
Parties appeared by telephone. Following arguments by Mr. Hutchison, Mr. Schrager, and
Ms. Miller, COURT ORDERED, the motion for preliminary injunction and temporary
restraining order is DENIED; it is clear under NRS 293.465 in which an election could have
been prvented, including a natural disaster or an accident suffered by the vehicle transmitting
the ballots; there are lots of ways in which an election could have been prevented; despite the
139 discrepancies, that does mean any election was prevented in any district; the affidavit
does not fall within the scope of NRS 293.465; for that reason, the Court will NOT ENJOIN
the Clark County Commission from addressing what is appropriate for it to do. The Friday,
December 4, 2020 status check in chambers on the writ of prohibition STANDS; the Court will
await remaining briefs. Mr. Schrager to prepare today's order, running it by opposing counsel
prior to submission. Mr. Schrager advised a stipulation and order on scheduling was
submitted and it is their request that the status check be vacated; they had a little trouble
scheduling Mr. Gloria's deposition, and they do not want to file briefds without it. Court,
noting the deadline, stated it is aware; if briefs are all submitted the Court will issue a minute
order; if not, then the Court will wait for them.;
12/18/2020 Petition for Writ of Mandamus (3:00 AM) (Judicial Officer: Gonzalez, Elizabeth)
Petition for Writs of Mandamus and Prohibition
Per Stip and Order signed 12/07/20
Denied;
12/18/2020 All Pending Motions (3:00 AM) (Judicial Officer: Gonzalez, Elizabeth)
Minute Order - No Hearing Held;
Journal Entry Details:
PETITION FOR WRITS OF MANDAMUS AND PROHIBITION...STATUS CHECK: REVIEW
1 ORDR
MARK A. HUTCHISON, ESQ.
2 Nevada Bar No. 4639
JACOB REYNOLDS, ESQ.
3 Nevada Bar No. 10199
PIERS TUELLER, ESQ.
4 Nevada Bar No. 14633
10080 w. Alta Dr., #200
5 Las Vegas, Nevada 89145
Attorneys for Intervenor-Plaintiff,
6 Stavros Anthony
15 Defendant.
_____________________________________
16
18 Intervenor-Plaintiff.
19 vs.
20 CLARK COUNTY BOARD OF
24
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-1-
2 otherwise reconsidering its vote to hold a new election for District C at its December 1,
3 2020 meeting or thereafter until this Court has ruled on the merits of this case.
6 The Court held a hearing on November 30, 2020. The hearing was conducted by
7 teleconference. Mark A. Hutchison, Esq., appeared and argued on behalf of Intervenor.
8 Bradley S. Schrager, Esq. appeared Plaintiff. Mary-Anne Miller, Esq., appeared argued on
10 Upon review of the papers and pleadings on file herein, the arguments of counsel,
11 and good cause appearing,
20
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-2-
ORDER
Electronically Filed
12/29/2020 4:24 PM
Steven D. Grierson
CLERK OF THE COURT
1 NEOJ
DOMINIC P. GENTILE
2 Nevada Bar No. 1923
JOHN A. HUNT
3 Nevada Bar No. 1888
CLARK HILL PLLC
4 3800 Howard Hughes Pkwy., #500
23 Defendant.
24 STAVROS ANTHONY, an individual,
25 Intervenor-Plaintiff,
26 vs.
27 CLARK COUNTY BOARD OF
COMMISSIONERS, a local government
28 entity; ROSS MILLER, an individual; and
2 Defendants.
3
7 filed with the Eighth Judicial District Court on December 4, 2020, a true and correct copy of
9
DATED this 29th day of December, 2020
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NOTICE OF ENTRY ORDER DENYING INTERVENOR MOTION FOR PRELIMINARY INJUNCTION
1 CERTIFICATE OF SERVICE
2 I hereby certify that on this 29th day of December, 2020, a true and correct copy
4 PRELIMINARY INJUNCTION was served by electronically filing with the Clerk of the Court
5 using the Odyssey eFileNV system and serving all parties with an email-address on record,
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NOTICE OF ENTRY ORDER DENYING INTERVENOR MOTION FOR PRELIMINARY INJUNCTION
Electronically Filed
12/4/2020 4:33 AM
Steven D. Grierson
CLERK OF THE COURT
1 ORDR
MARK A. HUTCHISON, ESQ.
2 Nevada Bar No. 4639
JACOB REYNOLDS, ESQ.
3 Nevada Bar No. 10199
PIERS TUELLER, ESQ.
4 Nevada Bar No. 14633
10080 w. Alta Dr., #200
5 Las Vegas, Nevada 89145
Attorneys for Intervenor-Plaintiff,
6 Stavros Anthony
15 Defendant.
_____________________________________
16
18 Intervenor-Plaintiff.
19 vs.
20 CLARK COUNTY BOARD OF
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2 otherwise reconsidering its vote to hold a new election for District C at its December 1,
3 2020 meeting or thereafter until this Court has ruled on the merits of this case.
6 The Court held a hearing on November 30, 2020. The hearing was conducted by
7 teleconference. Mark A. Hutchison, Esq., appeared and argued on behalf of Intervenor.
8 Bradley S. Schrager, Esq. appeared Plaintiff. Mary-Anne Miller, Esq., appeared argued on
10 Upon review of the papers and pleadings on file herein, the arguments of counsel,
11 and good cause appearing,
20
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ORDER
Electronically Filed
12/31/2020 1:07 PM
Steven D. Grierson
CLERK OF THE COURT
1 ORDR
2
3
EIGHTH JUDICIAL DISTRICT COURT
4
IN AND FOR CLARK CITY, STATE OF NEVADA
5
ROSS MILLER, an individual, Case No.: A-20-824971-W
6 Dept. No.: XI
Plaintiff/Petitioner,
7 ORDER DENYING INTERVENOR
vs. PLAINTIFF’S MOTION FOR
8 WRIT OF MANDAMUS
CLARK COUNTY BOARD OF REQUIRING THE CLARK
9 COMMISSIONERS, a local government COUNTY BOARD OF
entity; and DOES I-X, inclusive, COMMISSIONERS TO ORDER A
10 NEW ELECTION FOR CLARK
Defendant. COUNTY COMMISSION
11 DISTRICT C
STAVROS ANTHONY, an individual,
12
Intervenor-Plaintiff,
13
vs.
14
CLARK COUNTY BOARD OF
15 COMMISSIONERS, a local government
entity; ROSS MILLER, an individual; and
16 DOES I-X, inclusive,
17 Defendants.
18
On December 10, 2020, Intervenor-Plaintiff Stavros Anthony (“Intervenor”), by and
19
through counsel of record, filed a Motion for Writ of Mandamus (“Motion for Writ of
20
Mandamus”). Intervenor requested an order requiring the Clark County Board of
21
Commissioners (the “Board”) to order a new election for Clark County Commission District
22
C.
23
On December 14, 2020, an opposition to Intervenor’ Motion for Writ of Mandamus
24
was filed by Plaintiff Ross Miller (“Plaintiff”) and Defendant Clark County Board of
25
Commissioners filed a joinder thereto. On December 16, 2020, Intervenor filed a reply in
26
support of his Motion for Writ of Mandamus.
27
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ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
18 NRS 293.465 applies in instances in which an election, or a portion of one, is prevented from
19 occurring, for instance due to a natural disaster, or an accident suffered by the vehicle
20 transmitting the ballots, or some similar incident preventing an election from occurring and
21 makes provision for a new election in those circumstances. The Court finds that NRS
22 293.465 cannot apply here because the Clark County Commission, District C election was
23 not prevented. Clark County had an election on November 3, 2020. The results of every race
24 have been canvassed and certified. No precinct failed to complete its election.
25 The Court further finds that the Registrar’s affidavit is not an NRS 293.465 affidavit,
26 either by its own terms—as the Court has already stated when denying Intervenor’s Motion
27
1
If any finding herein is in truth a conclusion of law, or if any conclusion is stated is in truth a
28 finding of fact, it shall be deemed so.
2 of 3
ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
1 for Preliminary Injunction—or by the expressed intentions of the Registrar. The affidavit
2 does not declare that an election was prevented, either in whole or at the level of any
3 particular precinct. It does not describe or identify any “loss or destruction of the ballots” per
4 NRS 293.465. Therefore, Intervenor cannot establish that NRS 293.465 mandates a new
5 election.
6 THEREFORE, the Court DENIES Intervenor’ Motion for Writ of Mandamus.
7 DATED this 31st day of December, 2020.
8
9 ________________________________
10
DISTRICT COURT JUDGE
11
12 Submitted by:
HUTCHISON & STEFFEN, PLLC
13 STEVEN B. WOLFSON (SBN 1565)
District Attorney
14 By: /s/ Jacob A. Reynolds
By: /s/ Mary-Anne Miller MARK A. HUTCHISON (SBN 4639)
15 MARY-ANNE MILLER (SBN 1419) JACOB A. REYNOLDS (SBN
County Counsel 10199)
16 500 South Grand Central Pkwy. PIERS R. TUELLER (SBN14633)
Las Vegas, Nevada 89155-2215 Peccole Professional Park
17 10080 West Alta Drive, Suite 200
Attorneys for Defendant Las Vegas, Nevada 89145
18 Clark County Board of
Commissioners Attorneys for Intervenor-Plaintiff
19 Stavros Anthony
Approved by:
20
CLARK HILL PLLC
21
DOMINIC P. GENTILE (SBN 1923)
22 JOHN A. HUNT (SBN 1888)
3800 Howard Hughes Pkwy., #500
23 Las Vegas, Nevada 89169
24
WOLF, RIFKIN, SHAPIRO, SCHULMAN
& RABKIN, LLP
25 By: /s/ Bradley S. Schrager
BRADLEY S. SCHRAGER, ESQ.
26 (SBN 10217)
DANIEL BRAVO, ESQ. (SBN 13078)
27 3556 E. Russell Road, Second Floor
Las Vegas, Nevada 89120
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3 of 3
ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
Electronically Filed
12/31/2020 2:11 PM
Steven D. Grierson
CLERK OF THE COURT
1 NOE
2 EIGHTH JUDICIAL DISTRICT COURT
3 IN AND FOR CLARK CITY, STATE OF NEVADA
4 ROSS MILLER, an individual, Case No.: A-20-824971-W
Dept. No.: 11
5 Plaintiff/Petitioner,
NOTICE OF ENTRY OF ORDER
6 vs. DENYING INTERVENOR
PLAINTIFF’S MOTION FOR
7 CLARK COUNTY BOARD OF WRIT OF MANDAMUS
COMMISSIONERS, a local government REQUIRING THE CLARK
8 entity; and DOES I-X, inclusive, COUNTY BOARD OF
COMMISSIONERS TO ORDER A
9 Defendant. NEW ELECTION FOR CLARK
COUNTY COMMISSION
10 DISTRICT C
STAVROS ANTHONY, an individual,
11
Intervenor-Plaintiff,
12
vs.
13
CLARK COUNTY BOARD OF
14 COMMISSIONERS, a local government
entity; ROSS MILLER, an individual; and
15 DOES I-X, inclusive,
16 Defendants.
18 YOU WILL PLEASE TAKE NOTICE that an Order Denying Intervenor Plaintiff’s
19 Motion For Writ Of Mandamus Requiring The Clark County Board Of Commissioner To
20 Order A New Election For Clark County Commission District C was filed above-entitled
21 matter on the 31st day of December, 2020, a copy of which is attached hereto.
23 STEVEN B. WOLFSON
DISTRICT ATTORNEY
24
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NOTICE OF ENTRY OF ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
1 ODM
2 EIGHTH JUDICIAL DISTRICT COURT
3 IN AND FOR CLARK CITY, STATE OF NEVADA
4 ROSS MILLER, an individual, Case No.: A-20-824971-W
Dept. No.: 11
5 Plaintiff/Petitioner,
ORDER DENYING INTERVENOR
6 vs. PLAINTIFF’S MOTION FOR
WRIT OF MANDAMUS
7 CLARK COUNTY BOARD OF REQUIRING THE CLARK
COMMISSIONERS, a local government COUNTY BOARD OF
8 entity; and DOES I-X, inclusive, COMMISSIONERS TO ORDER A
NEW ELECTION FOR CLARK
9 Defendant. COUNTY COMMISSION
DISTRICT C
10 STAVROS ANTHONY, an individual,
11 Intervenor-Plaintiff,
12 vs.
18 through counsel of record, filed a Motion for Writ of Mandamus (“Motion for Writ of
20 Commissioners (the “Board”) to order a new election for Clark County Commission District
21 C.
23 was filed by Plaintiff Ross Miller (“Plaintiff”) and Defendant Clark County Board of
24 Commissioners filed a joinder thereto. On December 16, 2020, Intervenor filed a reply in
26 ...
27 ...
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ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
1 Upon review of the papers and pleadings on file herein, the arguments of the parties,
2 and good cause appearing, Intervenor’ Motion for Writ of Mandamus is DENIED. The Court
3 finds the following facts and states the following conclusions of law1 as follows:
4 FINDINGS OF FACT AND CONCLUSIONS OF LAW
5 Intervenor, in his Motion for Writ of Mandamus, argues that pursuant to NRS 293.465,
6 the Clark County Board of Commissioners is required to proceed with a new election for Clark
7 County Commission, District C. Intervenor’s Motion for Writ of Mandamus included an
8 affidavit by the Clark County Registrar of Voters (the “Registrar’), which states that there
9 were 139 discrepancies in the District C election.
10 The Court finds that NRS 293.465 does not apply in this case. NRS 293.465 states in
11 full:
12 If an election is prevented in any precinct or district by reason of the loss or
destruction of the ballots intended for that precinct, or any other cause, the
13 appropriate election officers in that precinct or district shall make an affidavit
setting forth that fact and transmit it to the appropriate board of county
14 commissioners. Upon receipt of the affidavit and upon the application of any
candidate for any office to be voted for by the registered voters of that precinct
15 or district, the board of county commissioners shall order a new election in that
precinct or district.
16
17 NRS 293.465 applies in instances in which an election, or a portion of one, is prevented from
18 occurring, for instance due to a natural disaster, or an accident suffered by the vehicle
19 transmitting the ballots, or some similar incident preventing an election from occurring and
20 makes provision for a new election in those circumstances. The Court finds that NRS 293.465
21 cannot apply here because the Clark County Commission, District C election was not
22 prevented. Clark County had an election on November 3, 2020. The results of every race have
23 been canvassed and certified. No precinct failed to complete its election.
24 The Court further finds that the Registrar’s affidavit is not an NRS 293.465 affidavit,
25 either by its own terms—as the Court has already stated when denying Intervenor’s Motion
26 for Preliminary Injunction—or by the expressed intentions of the Registrar. The affidavit does
27
1
If any finding herein is in truth a conclusion of law, or if any conclusion is stated is in truth a
28 finding of fact, it shall be deemed so.
2 of 3
ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
1 not declare that an election was prevented, either in whole or at the level of any particular
2 precinct. It does not describe or identify any “loss or destruction of the ballots” per NRS
3 293.465. Therefore, Intervenor cannot establish that NRS 293.465 mandates a new election.
4 THEREFORE, the Court DENIES Intervenor’ Motion for Writ of Mandamus.
5 DATED this ______ day of _______________, 202_.
6
________________________________
7 DISTRICT COURT JUDGE
8
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3 of 3
ORDER DENYING INTERVENOR’S MOTION FOR WRIT OF MANDAMUS
A‐20‐824971‐W
DISTRICT COURT
CLARK COUNTY, NEVADA
RECORDER:
REPORTER:
PARTIES
PRESENT:
JOURNAL ENTRIES
- As this case involves an election matter, per Administrative Order 20-21 this matter shall been
randomly reassigned to one of the designated election judges.
CLERK'S NOTE: The above minute order has been distributed to all registered parties via Odyssey
File and Serve.
DISTRICT COURT
CLARK COUNTY, NEVADA
RECORDER:
REPORTER:
PARTIES
PRESENT:
JOURNAL ENTRIES
- The Court discloses that Mr. Miller is an attorney who appears before this Department. The Court
does not believe there is a basis for recusal but makes the disclosure in an abundance of caution.
CLERK'S NOTE: A copy of this minute order was distributed via electronic mail. / dr 11-19-20
DISTRICT COURT
CLARK COUNTY, NEVADA
REPORTER:
PARTIES
PRESENT: Gentile, Dominic P. Attorney
Miller, Mary-Anne Meyers Attorney
Schrager, Bradley S. Attorney
JOURNAL ENTRIES
Upon Court's inquiry, Mr. Schrager advised he would file an Application for Temporary Restraining
Order and Preliminary Injunction by Monday or Tuesday and would immediately serve Ms. Miller
with the same. Court inquired as to whether counsel needed to do any discovery or obtain any
records. Mr. Gentile advised Plaintiff needed to take the Deposition of Joseph Gloria and obtain the
documents that Mr. Gloria described as "discrepancies." Ms. Miller indicated she believed the matter
could be resolved on legal matters. Court inquired as to whether there was a factual question of
fraudulent ballots. Ms. Miller indicated there were 2 people who voted 2 times and the other issues
were clerical errors; therefore she did not believe there were significant allegations regarding fraud.
Plaintiff's counsel agreed. Court advised the Court would allow Plaintiff's to take the deposition of
Mr. Gloria primarily regarding the legal issue since parties agreed that there was no real issue of
fraud. Court advised the deposition was limited to 3 hours and the deposition could be taken while
Plaintiff's Motion was pending. Ms. Miller Stipulated to the Board of Commissioners not moving
forward and advised parties could brief the matter on the merits and take Mr. Gloria's deposition.
COURT ORDERED, Status Check SET to review briefs and set a hearing if necessary. Mark
PRINT DATE: 01/04/2021 Page 3 of 9 Minutes Date: November 18, 2020
A‐20‐824971‐W
Hutchinson, Esq. appeared and requested he be allowed to intervene on behalf of Stavros Anthony.
Mr. Gentile indicated he may have an objection to the intervention. Court advised the Court would
allow Mr. Hutchinson to Intervene. Court advised Mr. Hutchinson of the proceedings he missed.
Upon Mr. Schrager's inquiry, Mr. Hutchinson advised he was agreeable to join in the Stipulation
presented by Ms. Miller, that the Board of Commissioners would not move forward, parties would
brief the matter on the merits, and Plaintiff would take Mr. Gloria's deposition. Court advised the
Court would review the briefs in Chambers on 12/04/20 and decide whether a hearing was
necessary.
DISTRICT COURT
CLARK COUNTY, NEVADA
REPORTER:
PARTIES
PRESENT: Hutchison, Mark A Attorney
Miller, Mary-Anne Meyers Attorney
Reynolds, Jacob A, ESQ Attorney
Schrager, Bradley S. Attorney
Tueller, Piers R. Attorney
JOURNAL ENTRIES
Following arguments by Mr. Hutchison, Mr. Schrager, and Ms. Miller, COURT ORDERED, the
motion for preliminary injunction and temporary restraining order is DENIED; it is clear under NRS
293.465 in which an election could have been prvented, including a natural disaster or an accident
suffered by the vehicle transmitting the ballots; there are lots of ways in which an election could have
been prevented; despite the 139 discrepancies, that does mean any election was prevented in any
district; the affidavit does not fall within the scope of NRS 293.465; for that reason, the Court will
NOT ENJOIN the Clark County Commission from addressing what is appropriate for it to do. The
Friday, December 4, 2020 status check in chambers on the writ of prohibition STANDS; the Court will
await remaining briefs. Mr. Schrager to prepare today's order, running it by opposing counsel prior
to submission.
Mr. Schrager advised a stipulation and order on scheduling was submitted and it is their request that
the status check be vacated; they had a little trouble scheduling Mr. Gloria's deposition, and they do
not want to file briefds without it. Court, noting the deadline, stated it is aware; if briefs are all
submitted the Court will issue a minute order; if not, then the Court will wait for them.
DISTRICT COURT
CLARK COUNTY, NEVADA
RECORDER:
REPORTER:
PARTIES
PRESENT:
JOURNAL ENTRIES
...12-11-20 - CHAMBERS
CLERK'S NOTE: A copy of this minute order was distributed via Odyssey File and Serve. / dr 12-8-
20
DISTRICT COURT
CLARK COUNTY, NEVADA
RECORDER:
REPORTER:
PARTIES
PRESENT:
JOURNAL ENTRIES
CLERK'S NOTE: A copy of this minute order was distributed via Odyssey File and Serve. / dr 12-14-
20
DISTRICT COURT
CLARK COUNTY, NEVADA
RECORDER:
REPORTER:
PARTIES
PRESENT:
JOURNAL ENTRIES
The Court, having reviewed the Petition for Writ of mandamus and the related briefing and being
fully informed, DENIES the petition. NRS 293.465 cannot apply here, because the election was not
prevented. Counsel for the County is directed to submit a proposed order approved by opposing
counsel consistent with the foregoing within ten (10) days and distribute a filed copy to all parties
involved in this matter. Such order should set forth a synopsis of the supporting reasons proffered to
the Court in briefing. This Decision sets forth the Court's intended disposition on the subject but
anticipates further order of the Court to make such disposition effective as an order or judgment.
CLERK'S NOTE: A copy of this minute order was distributed via Odyssey File and Serve. / dr 12-24-
20
I, Steven D. Grierson, the Clerk of the Court of the Eighth Judicial District Court, Clark County, State of
Nevada, does hereby certify that the foregoing is a true, full and correct copy of the hereinafter stated
original document(s):
AMENDED NOTICE OF APPEAL; DISTRICT COURT DOCKET ENTRIES;
CIVIL COVER SHEET; ORDER DENYING INTERVENOR’S MOTION FOR PRELIMINARY
INJUNCTION; NOTICE OF ENTRY OF ORDER DENYING INTERVENOR MOTION FOR
PRELIMINARY INJUNCTION; ORDER DENYING INTERVENOR PLAINTIFF’S MOTION FOR
WRIT OF MANDAMUS REQUIRING THE CLARK COUNTY BOARD OF COMMISSIONERS TO
ORDER A NEW ELECTION FOR CLARK COUNTY COMMISSION DISTRICT C; NOTICE OF
ENTRY OF ORDER DENYING INTERVENOR PLAINTIFF’S MOTION FOR WRIT OF
MANDAMUS REQUIRING THE CLARK COUNTY BOARD OF COMMISSIONERS TO ORDER A
NEW ELECTION FOR CLARK COUNTY COMMISSION DISTRICT C; DISTRICT COURT
MINUTES
ROSS MILLER,
Case No: A-20-824971-W
Plaintiff(s),
Dept No: XI
vs.
Defendant(s),
STAVROS ANTHONY,
Intervenor Plaintiff(s),
vs.
Intervenor Defendant(s),
A-20-824971-W