TCR Holdings, LLC v. Nye County, Nevada et al.,, No. 2:2009cv00433 - Document 83 (D. Nev. 2010)

Court Description: FINAL JUDGMENT AS TO THE ENUMERATED CLAIMS (See Judgment for further details) Signed by Judge James C. Mahan on 4/16/2010. (Copies have been distributed pursuant to the NEF - SD)
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TCR Holdings, LLC v. Nye County, Nevada et al., Doc. 83 Case 2:09-cv-00433-JCM-GWF Document 82 1 2 3 4 5 6 7 8 Filed 04/12/10 Page 1 of 4 Clyde DeWitt California State Bar No. 117911 Nevada State Bar No. 9791 Law Offices of Clyde DeWitt, A Professional Corporation 2800 28th Street, Suite 321 Santa Monica, CA 90405-6201 (310) 392-2600 732 South Sixth Street, Suite 100 Las Vegas, NV 89101-6948 (702) 386-1756 E-Fax (310) 362-8667 clydedewitt@earthlink.net 9 Attorneys for Plaintiff TCR Holdings, LLC 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE DISTRICT OF NEVADA 13 SOUTHERN DIVISION 14 15 16 Hon. James C. Mahan, United States District Judge Plaintiffs, 17 18 Case Number 2:09-CV-00433-JCM-GWF TCR HOLDINGS, LLC, A Nevada Limited Liability Company and BRUCE KAHN, an individual, Hon. George W Foley, Jr., United States Magistrate Judge v. PROPOSED JUDGMENT 19 20 21 NYE COUNTY, NEVADA, a political subdivision of the State of Nevada, [F ED. R. C IV. P ROC. 54] Defendant. 22 23 24 25 ____________________________________________________________________________________________________________________________________________________________ 26 Page 1 27 28 PROPOSED JUDGM ENT [F E D . R. C IV . P R O C . 54] K:\Files\Kahn N2011\TCR v Nye County\10-044-p-Judgment.wpd Dockets.Justia.com Case 2:09-cv-00433-JCM-GWF Document 82 Filed 04/12/10 Page 2 of 4 1 Attached hereto is a proposed judgment on the two of Plaintiffs’ claims that were the 2 subject of the court’s March 22, 2010 order granting Plaintiffs’ Motion for Partial Summary 3 Judgment. 4 Dated: April 12, 2010. 5 Respectfully Submitted, CLYDE DeWITT LAW OFFICES OF CLYDE DeWITT, APC 6 7 By: 8 9 /s/ Clyde DeWitt Clyde DeWitt Counsel for Plaintiffs, TRC Holdings, LLC and Bruce Kahn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ____________________________________________________________________________________________________________________________________________________________ 26 Page 2 27 28 PROPOSED JUDGM ENT [F E D . R. C IV . P R O C . 54] K:\Files\Kahn N2011\TCR v Nye County\10-044-p-Judgment.wpd Case 2:09-cv-00433-JCM-GWF Document 82 Filed 04/12/10 Page 3 of 4 1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF NEVADA 8 SOUTHERN DIVISION 9 10 11 Hon. James C. Mahan, United States District Judge Plaintiffs, 12 13 Case Number 2:09-CV-00433-JCM-GWF TCR HOLDINGS, LLC, A Nevada Limited Liability Company and BRUCE KAHN, an individual, Hon. George W Foley, Jr., United States Magistrate Judge v. JUDGMENT 14 15 16 17 18 19 20 21 22 23 24 25 26 NYE COUNTY, NEVADA, a political subdivision of the State of Nevada, Defendant. This action came on for hearing before the Court, Hon. James C. Mahan, United States District Judge, presiding, and the issues having been duly heard and a decision having been duly rendered, granting Plaintiffs’ Motion for Summary Judgment on the following claims; and the court finding that there is no just reason for delaying the review of a judgment on fewer than all of the claims: The Plaintiffs’ First Claim for Relief seeking a declaratory judgment pursuant to 28 U.S.C. § 2201, et seq. that Nye County Code § 9.20.090.A, which states, “The application shall be made upon such forms as the Board may prescribe and shall contain at least the following information and minimal requirements for a license: 27 28 Page 1 Case 2:09-cv-00433-JCM-GWF Document 82 1 Filed 04/12/10 Page 4 of 4 “A. Evidence that applicant, or one applicant as defined in this Chapter, 2 is a bona fide resident of the State and has been so for six (6) months . . . .” 3 Violates the dormant Commerce Clause of the United States Constitution and the Plaintiffs’ 4 second claim for relief seeking an injunction against enforcement of that provision. The two 5 claims enumerated above are severed from the remainder of the case pursuant to Rule 54(b) 6 of the Federal Rules of Civil Procedure and on those claims it is ORDERED and 7 ADJUDGED in favor of Plaintiffs TCR Holdings, LLC and Bruce Kahn and against 8 Defendant Nye County, Nevada as follows: 9 10 Pursuant to 28 U.S.C. § 2201, et seq. the court DECLARES that Nye County Code § 9.20.090.A, which states, 11 “The application shall be made upon such forms as the Board may 12 prescribe and shall contain at least the following information and minimal 13 requirements for a license: 14 “A. Evidence that applicant, or one applicant as defined in this Chapter, 15 is a bona fide resident of the State and has been so for six (6) months . . . .” 16 Violates the dormant Commerce clause of the United States Constitution and, pursuant to 42 17 U.S.C. § 1983, Defendant Nye County, Nevada, its officers, agents, servants, employees, and 18 attorneys and other persons who are in active concert or participation with any of them ARE 19 PERMANENTLY ENJOINED from enforcing or threatening to enforce Nye County Code 20 § 9.20.090.A, above. 21 THIS IS A FINAL JUDGMENT AS TO THE ENUMERATED CLAIMS. 22 16th day of April, 2010. Signed this ___ day of ___________________, 2010 23 24 ________________________________ UNITED STATES DISTRICT JUDGE 25 26 27 28 Page 2