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Case 3:11-cv-00645-RCJ-VPC Document 12 Filed 11/16/11 Page 1 of 5

 

McMAHON LAW OFFICES, LTD.

BRIAN M. McMAHON

Nevada State Bar No. 00927

3715 Lakeside Drive, Suite A

Reno, NV 89509

Telephone: (775) 348-2701

Facsimile: (775) 348-2702

Email: brian@mamahonlaw.org

 

 

Fred Hopengarten (pro hac vice)

Six Willarch Road Lincoln, MA 01773

Telephone: (781) 259-0088

Facsimile: (419) 858-2421

Email: hopengarten@post.harvard.edu

Maine Bar No. 1660

D.C. Bar No. 114124

 

Attorneys for Plaintiffs

 

 

IN THE UNITED STATES DISTRICT COURT

STATE OF NEVADA

 

Case No.: 3:11-CV-00645-RCJ-VPC

 

 

THOMAS S. TAORMINA and MIDGE A. TAORMINA,

 

Plaintiffs,

 

vs.

 

STOREY COUNTY, NEVADA, and DOES 1-10,

 

Defendants.

 

 

MOTION TO WAIVE LR IA 10-2, PERMITTING COUNSEL TO CONTINUE REPRESENTATION

 

Plaintiffs, THOMAS S. TAORMINA, and MIDGE A. TAORMINA, by and through their attorneys, Brian M. McMahon, Esq., of McMahon Law Offices, Ltd., and Fred Hopengarten, Esq., of the District of Columbia Bar, hereby request that this court waive Local Rule IA 10-2 for this lawsuit and this lawsuit only, so that Fred Hopengarten, Esq., may continue to represent them without further documentation and expense.

 


Case 3:11-cv-00645-RCJ -VPC Document 12 Filed 11/16/11 Page 2 of 5

 

Background

 

1. This lawsuit is the continuation of a claim by Plaintiffs that Storey County has failed to obey the requirements of 47 CFR 97.15(b) and NRS 278.02085, and the requirements set forth by the Ninth Circuit Court of Appeals in Howard v. Burlingame, 937 F. 2d 1376, 1380 (9th Cir. 1991).

 

2. That lawsuit was assigned Case No. 3:09-cv-00021-LRH-VPC ("Taormina I").

 

3. On January 29, 2009, Fred Hopengarten, an attorney not admitted to the Bar of this Court, petitioned this Court for permission to practice in this case, and designated Brian M. McMahon, Bar Number 927, of Reno, to be Designated Resident Nevada Counsel as required by the rules of this Court.

 

4. Atty. Hopengarten's petition was accompanied by letters of good standing from each bar to which he is admitted, showing that since his initial admission to the bar in 1972, he has never suffered a reprimand, suspension or disbarment.

 

5. Atty. Hopengarten's petition was unopposed by the defendant in that case, Storey County, represented by the same attorney who now represents the County.

 

6. This Court, by Larry R. Hicks, U.S.D.J., approved the petition for permission to practice in that case on January 27, 2009.

 

7. On June 14, 2010, Atty. Hopengarten was admitted to the Bar of the United States Supreme Court.

 

8. Atty. Hopengarten remains in good standing with every Bar to which he is admitted: the District of Columbia Court of Appeals (since 1972, Bar Number 114124), the United States District Court District of Columbia (since 1972, Bar Number 114124), the State of Maine (since

 

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Case 3:11-cv-00645-RCJ-VPC Document 12 Filed 11/16/11 Page 3 of 5

 

 

1972, Bar Number 1660), and the Supreme Court of the United States (since 2010, see http://www.supremecourt.gov/orders/journal/jn109.pdf at 965).

 

9. This action, which may be called Taormina II, involves the same parties and many of the same issues. Most particularly, this action focuses on matters that this Court ruled, in Taormina I, by Order of June 17, 2010, were not yet ripe for decision, holding that

 

Because the county has not had the opportunity to apply its zoning regulations, the court cannot determine whether the county has reasonably accommodated the PlaintiffL 61 \f "WP TypographicSymbols" \s 12s amateur communications. Thus, until Plaintiff[s] appl[y] for a special use permit, and the county has the opportunity to review the request, the court must deny Plaintiff[s] as applied challenge to the zoning regulations.

 

10. Judgment denying the Motion for Summary Judgment in Taormina I was entered by this court on June 21, 2010.

 

11. In accordance with the Court's decision, on December 29, 2010, the Taorminas applied for a special use permit, with voluminous accompanying detail. Atty. Hopengarten prepared that application, appeared before the Storey County Planning Commission on March 3, 2011, appeared before the Storey County Commissioners on May 3 and June 7, 2011, and prepared, under the supervision of Atty. McMahon, the complaint in this matter now before the Court.

 

12. As this case, Case No: 3:11-CV-0645-RCJ-VPC (Taormina II), involves the same parties, the same attorneys, many of the same issues, and is, realistically, a continuation of the same matter previously submitted to this Court, Plaintiffs, and their Attorney, Brian McMahon, ask this Court to waive LR IA 10-2, so that Atty. Hopengarten may continue to represent his clients under the supervision of Atty. McMahon, without the delay and cost of obtaining repetitive Certificates of Good Standing, and the preparation of the other materials required by LR LA 10-2, which would also

 

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Case 3:11-cv-00645-RCJ-VPC Document 12 Filed l l /16/11 Page 4 of 5

 

 

be repetitive.

 

 

Respectfully submitted, Dated: November 16, 2011.

 

McMAHON LAW OFFICES, LTD. FRED HOP NGARTEN

 

By ?????

 

Brian M. MaMahon

Attorneys for Plaintiffs

Thomas S. Taormina and

Midge A. Taormina

 

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Case 3:11-cv-00645-RCJ -VPC Document 12 Filed ll/16/11 Page 5 of 5

 

 

CERTIFICATE OF SERVICE

 

 

Pursuant to NRCP 5(b) I hereby certify that I am an employee of McMahon Law Offices, Ltd., and that on the 11th day of November, 2011, I served a true and correct copy of the attached foregoing document by:

 

X Depositing for mailing, in a sealed enveloped, U.S. Postage, prepaid, at Reno, Nevada

 

__ Personal Delivery

 

__ Facsimile

 

__ Federal Express/Airborne Express/Other Overnight Delivery

 

__ Reno-Carson Messenger Service

 

 

addressed as follows:

 

Brent T. Kolvet, Esq.

Thorndal Armstrong Delk Balkenbush & Eisinger

6590 S. McCarran Boulevard # B

Reno, Nevada 89059

 

?????????

 

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