Involuntary Solitary

  • Law

  • 9th Circuit reverses judge’s ruling striking down deportation law as racist. [RGJ
  • Families of inmates seek independent ombudsman to handle prisoners’ complaints. [TNI]
  • Lawmakers consider restrictions on using solitary confinement in prisons. [Nevada Current
  • The A’s and Nevada Legislature are inching closer to a $380 million public financing deal. [RJ; 8NewsNow]
  • CCSD files lawsuit to prevent J-1 teachers from being displaced. [RJ]
  • RJ opposes draft order to allow search of Jeff German’s devices. [RJ]
  • Henderson cracks down on homeowners renting out their pools. [KTNV]
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Anonymous
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Anonymous
May 24, 2023 4:51 pm

Why not employ a special master for the cell phone search? Seems like an obvious solution. Two metro and two DAs going through the phone, may as well just treat it like normal discovery if you're doing that, metro and the DA seeing confidential sources IS the harm the RJ is seeking to prevent.

Also, NO PUBLIC MONEY FOR STADIUMS, it's a sure loss for cities, as we've seen time and time again.

Anonymous
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Anonymous
May 24, 2023 5:10 pm
Reply to  Anonymous

Because that actually makes sense.

Except for the tax breaks to lure Professional sports here thing. You are wrong on that point.

Anonymous
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Anonymous
May 24, 2023 5:13 pm

Good for the 9th. I read the opinion when it came out and was appalled at how vacuously political it was. A woke professor's dream opinion. Complete hogwash.

Anonymous
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Anonymous
May 24, 2023 7:54 pm
Reply to  Anonymous

I haven't read the article but what an embarrassment of an opinion from our district. What judge drafted the district court decision?

Anonymous
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Anonymous
May 24, 2023 8:38 pm
Reply to  Anonymous

Miranda Du

Anonymous
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Anonymous
May 24, 2023 8:38 pm
Reply to  Anonymous

Miranda Du.

Anonymous
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Anonymous
May 24, 2023 9:30 pm
Reply to  Anonymous

It was a bold and careful opinion. Too bad it was reversed.

Anonymous
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Anonymous
May 24, 2023 10:01 pm
Reply to  Anonymous

Bold and careful does not mean correct. Like so many Du decisions, flagrantly incorrect.

Anonymous
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Anonymous
May 24, 2023 10:02 pm
Reply to  Anonymous

Ha!!! @2:30 I pray you have no position of judicial or legislative power in this city, state or country

Anonymous
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Anonymous
May 24, 2023 10:11 pm
Reply to  Anonymous

Not having read Judge Du's decision or the Ninth Circuit opinion, I question how an immigration statute can be "racist." Is it specifically directed at a certain country or ethnicity? My guess is no. To the extent the immigration laws disproportionately affect one country or ethnicity, how is that a justification to strike it down? Again, I didn't read either ruling but I'm scratching my head at what basis could support.such an insane finding!

Anonymous
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Anonymous
May 24, 2023 10:56 pm
Reply to  Anonymous

Perhaps reading it first then commenting is the way to go so you won't be so confused.

Anonymous
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Anonymous
May 25, 2023 1:26 am
Reply to  Anonymous

Don't need to read it. Getting slapped down by the Ninth tells me all I really need to know. I bet if I read it I'd still be scratching my head.

Anonymous
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Anonymous
May 25, 2023 3:21 pm
Reply to  Anonymous

Nothing beats an uninformed opinion!

Anonymous
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Anonymous
May 25, 2023 4:08 pm
Reply to  Anonymous

3:11- this is how a statute can be called "racist." When the legislative history shows that the enactors were specifically seeking to exclude one race of people. Then the statute is re-enacted without significant change and carries the burden of the original purpose.

Anonymous
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Anonymous
May 25, 2023 4:44 pm
Reply to  Anonymous

Yeah that is nonsense. The Leg History is irrelevant when the statute itself is facially neutral.

Anonymous
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Anonymous
May 25, 2023 4:55 pm
Reply to  Anonymous

I have not had the pleasure of appearing before Her Honorable Du, but her opinion smacked of a reckless, self-indulgent, sloppy and, frankly, sophomoric light weight who might have served the law better as, say, an insurance defense attorney.

Anonymous
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Anonymous
May 25, 2023 5:01 pm
Reply to  Anonymous

You know Judge Du lived in a refugee camp as a child and came to the United States as the result of a sponsor, right?

Anonymous
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Anonymous
May 25, 2023 5:23 pm
Reply to  Anonymous

Nobody GAF.

Anonymous
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Anonymous
May 25, 2023 6:15 pm
Reply to  Anonymous

It is interesting that the two judges who I consider our finest federal judge (Gordon) and worst federal judge (Du) came from the same law firm.

Anonymous
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Anonymous
May 26, 2023 12:47 am
Reply to  Anonymous

10:01, why does that matter? Interesting part of her life, but how is that relevant?

Anonymous
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Anonymous
May 29, 2023 8:22 pm
Reply to  Anonymous

1115 am, I wholeheartedly co-sign on Judge Gordon being the best on the District of Nevada federal bench today. He is smart, kind, and efficient. A person couldn’t ask for more in a judge.

Anonymous
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Anonymous
May 24, 2023 6:15 pm

NODBODY UNDER THE AGE OF 50 CARES ABOUT BASEBALL. It's too long. It's so boring. It's a sport that will die off with the boomers. We do not need it here.

Anonymous
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Anonymous
May 24, 2023 6:28 pm
Reply to  Anonymous

@11:15 AM, that is a dumb take, for which you ought to be embarrassed but most assuredly are not.

If you add total attendance for NFL, NBA & NHL (60 M) it's still LESS than the attendance for MLB alone (68M). https://en.wikipedia.org/wiki/List_of_attendance_figures_at_domestic_professional_sports_leagues

Even though the MLB season is 162 games, average per game attendance is still higher than every league except the NFL (and that's WITH John Fisher actively sabotaging the A's averaged in): https://www.statista.com/statistics/207458/per-game-attendance-of-major-us-sports-leagues/

Baseball is a thinking man's sport. It is rich in tradition and history. It builds and resolves tension unlike any other sport. It produces a practically infinite number of fascinating, unique scenarios. I am under 50, I watch all four major leagues plus college, and MLB is by far my favorite. I love going to games in Southern California. Baseball is our heritage, our history and remains very strong. It will only become stronger with the new rules implemented in this and recent seasons. (Pitch clock, runner on 2nd in extra innings, DH in NL, etc.)

Anonymous
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Anonymous
May 24, 2023 7:02 pm
Reply to  Anonymous

@ 11:28 AM, 11:15 here. One question, how old are you? 49?

Anonymous
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Anonymous
May 24, 2023 7:05 pm
Reply to  Anonymous

It's so over for baseballcels

Anonymous
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Anonymous
May 24, 2023 7:10 pm
Reply to  Anonymous

11:28 – now run those numbers again for all the people watching via streaming/TV and let me know if that changes anything 🙂

Anonymous
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Anonymous
May 24, 2023 7:18 pm
Reply to  Anonymous

11:28 here. I'm not arguing MLB is the most popular sport in the United States. The NFL is. But this idea of 11:15's that baseball is about to die is just dumb. 11:15 doesn't like baseball. That's fine. We all have things we don't like that are immensely popular with the general public.

Also, as much as I love baseball, we absolutely should not give public money to John Fisher. He is a malignant scab on the body politic, baseball and humanity. He is the Fredo Corleone of billionaires by birth. Surely our Legislature isn't this dumb, right? (Don't answer that).

Anonymous
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Anonymous
May 24, 2023 7:36 pm
Reply to  Anonymous

My friends have tried to convince me that baseball is the sport for the thinking man. Having sat through a couple games in my life, I would rather be reading Gloria Steinem in a library while rubbing my privates with sandpaper than sit through another baseball game. To each his own.

Anonymous
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Anonymous
May 24, 2023 9:45 pm
Reply to  Anonymous

12:36 you just caused me to go into involuntary spasms even thinking about what you said hahaha

Robert
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Robert
May 24, 2023 10:27 pm
Reply to  Anonymous

@11:15, I am 49 years old and thrilled Major League Baseball is coming to Southern Nevada.

Anonymous
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Anonymous
May 25, 2023 1:29 am
Reply to  Anonymous

I know who 11:28 /12:18 is and yes, he is right around 49

Anonymous
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Anonymous
May 25, 2023 2:57 pm
Reply to  Anonymous

@6:50 because it's so boring you have nothing but time to sit around and think about your life choices.

Anonymous
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Anonymous
May 25, 2023 4:53 pm
Reply to  Anonymous

Or think about Gloria Steinem while clutching your stale hot dog.

Anonymous
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Anonymous
May 24, 2023 7:46 pm

Let the A's play at the Aviator Stadium in Summerlin….it is just as nice, if not nicer then most stadiums around the country. They will sell out each game vs. their current situation…and NO COST TO THE TAXPAYERS

Anonymous
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Anonymous
May 24, 2023 8:04 pm
Reply to  Anonymous

Tourists (and most locals for that matter) don't want to drive all the way to Summerlin. The Tropicana site is ideal for guaranteeing attendance.

Anonymous
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Anonymous
May 24, 2023 10:06 pm
Reply to  Anonymous

Do the current A's game draw enough fans to fill its stadium? Would they even be able to sell out the LVBP?

Anonymous
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Anonymous
May 24, 2023 10:12 pm
Reply to  Anonymous

Tourists who come to town for an As game at the Las Vegas Ballpark can stay at Red Rock Resort and the other fine Summerlin resorts instead of The Strip. If non-Summerlin locals don't want to drive all the way to Summerlin, we Summerlin folk won't hold that against them. Maybe that leaves better seats open for Summerlineans.

Anonymous
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Anonymous
May 24, 2023 11:16 pm
Reply to  Anonymous

The approval of public funds for a private sports team is driven solely by the interest of the strip property owners. Bring in more tourist. Period.
Las Vegas residents, who will bear the cost, are not much of a concern. Parking? let residents pay $50 for parking 10 blocks away.
Traffic? Who cares about the tangle and delays that residents will experience trying to get to a game. Getting to a strip property is already a pain for locals.
Note that the argument that the County will own the stadium, subject to a 30 year lease, is a false justification. In 30 years the stadium will be worthless as a professional team venue and will have to be torn down.

Anonymous
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Anonymous
May 24, 2023 11:19 pm
Reply to  Anonymous

4:16 speaketh truth. Remember all the decision makers are not in Las Vegas any more. That ship sailed long ago. No one who makes the decisions cares. The political class just rubber stamps what masa says.

Anonymous
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Anonymous
May 24, 2023 11:46 pm
Reply to  Anonymous

All those Strip operators, Legislators and County Commissioners are going to deeply regret striking a "partnership" with John Fisher. He's gonna stab them in back and they will all act shocked, shocked I tell you! But if you look at this guy's history he is an absolute piece of shit. We should have pursued an expansion team.

Anonymous
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Anonymous
May 24, 2023 7:57 pm

Why don't they share Allegiant?

Anonymous
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Anonymous
May 24, 2023 8:10 pm
Reply to  Anonymous

You can put a football field on a baseball field, but you can't do the reverse.

Anonymous
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Anonymous
May 24, 2023 11:52 pm
Reply to  Anonymous

All certified mail is registered but not all registered mail is certified

Anonymous
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Anonymous
May 24, 2023 10:04 pm

Dear Judge who has a 9am calendar but who takes the Bench at 9:33 am without even an apology for which I then had to leave your 9 am hearing to go to my 930 calendar in front of a judge who does take the bench within 3-5 minutes of their scheduled time, no it is not OK. It causes a cascading of issues for the courtroom/Bluejeans full of attorneys.

Anonymous
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Anonymous
May 24, 2023 10:11 pm
Reply to  Anonymous

Bold of you to assume that a judge who takes the bench a half hour late without apology gives af about how it affects practitioners.

Anonymous
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Anonymous
May 24, 2023 11:49 pm
Reply to  Anonymous

Oh I know she does not give an f. Hence why it happens week after week, year after year. But seriously when at 9:28 for a 9:00 a.m. calendar I have to sheepishly notify the clerk that I cannot wait any longer. And seriously she knew she wasnt coming out on time. If I have to be late for court, I let the department know. How about let us practictioners know that you are going to be more than 30 minutes late?

Anonymous
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Anonymous
May 24, 2023 11:52 pm
Reply to  Anonymous

I remember when I used to respect judges, it takes about 5 years to realize most of them are just middling attorneys with big egos.

Anonymous
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Anonymous
May 25, 2023 12:06 am
Reply to  Anonymous

You didn't really narrow it down by saying she, why don't you just call out the judge

Anonymous
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Anonymous
May 25, 2023 1:37 am
Reply to  Anonymous

She could at least serve cake to the peasants waiting in her courtroom for her arrival.

Anonymous
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Anonymous
May 25, 2023 1:20 pm
Reply to  Anonymous

Delaney

Anonymous
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Anonymous
May 25, 2023 3:45 pm
Reply to  Anonymous

6:20 am has nailed it.

Anonymous
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Anonymous
May 24, 2023 10:13 pm

Off topic but can anyone explain the purpose of attending a discovery conference? What was wrong with the old way of submitting it for the court to sign it? Why an added useless step?

Anonymous
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Anonymous
May 24, 2023 10:34 pm
Reply to  Anonymous

Obviously the judge needs to take the super important step of confirming the information that the attorneys submitted, signed pursuant to Rule 11, to the judge.
Otherwise, how else could the judge issue a scheduling order that perfectly matches what the parties submitted in their JCCR just 2 weeks prior?

Anonymous
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Anonymous
May 24, 2023 11:50 pm
Reply to  Anonymous

The answer is that this is a carryover from Business Court Rule 16 Conferences which got the parties in front of the court at the outset of the matter to discuss anything special that was needed and push early settlement conferences. I have to be honest: I like it. I like it because too often parties did not see the judge until the Pretrial Conference.

Anonymous
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Anonymous
May 25, 2023 1:41 am
Reply to  Anonymous

Unnecessary cost to litigants. Maybe there should be a checkbox on the JCCR that either party can request a discovery conference. It's not like any of the judges at the conferences do anything other than rubber-stamping the already-submitted deadlines. Utter waste. Or, a checkbox allowing the parties to waive the conference. So wasteful as far as time and money.

Anonymous
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Anonymous
May 25, 2023 3:49 pm
Reply to  Anonymous

You filed a case in Court. 25% of the time your secretary calendared deadlines in the JCCR that were on weekends or did not offer enough time. The court cannot tell from your JCCR that one plaintiff is over 70 years old and entitled to a preferential trial setting. I am against surplus hearings but the addition of a Rule 16 conference at the beginning and a status check/trial readiness hearing I think are positive additions that help keep cases within the guard rails.

Anonymous
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Anonymous
May 26, 2023 12:50 am
Reply to  Anonymous

So I have to attend a hearing because someone else can't differentiate between a weekday and a weekend or holiday? Make only those saps be called for a hearing.

Anonymous
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Anonymous
May 26, 2023 12:58 am
Reply to  Anonymous

>25% of the time your secretary calendared deadlines in the JCCR that were on weekends or did not offer enough time.

Yeah, but the attorney signed off on it. I think there's a rule about signing pleadings or something, I think it's somewhere between rules 10 and 12.

Anonymous
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Anonymous
May 26, 2023 8:48 pm
Reply to  Anonymous

5:58 amen. The lamest thing in the world is when an attorney blames their secretary for things the attorney is 100% responsible for.

Anonymous
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Anonymous
May 28, 2023 10:26 pm
Reply to  Anonymous

Who cares if a deadline falls on a weekend or holiday? Signed, NRCP 6.

Anonymous
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Anonymous
May 30, 2023 8:43 pm
Reply to  Anonymous

We care when you want me to put weekends in my Scheduling Order.
–Signed Pretty Much Every District Court Judge

Anonymous
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Anonymous
May 30, 2023 8:45 pm
Reply to  Anonymous

Pretty much every judge who signs a Scheduling Order cares.