Electronically Filed
06/23/2020
ORDR
1
HOWARD & HOWARD ATTORNEYS PLLC
2 Cami M. Perkins, Nevada Bar No. 9149
cperkins@[Link]
3 Robert Hernquist, Nevada Bar No. 10616
rhernquist@[Link]
4 Kirill V. Mikhaylov, Nevada Bar No. 13538
5 kmikhaylov@[Link]
Wells Fargo Tower, Suite 1000
6 3800 Howard Hughes Parkway
Las Vegas, Nevada 89169-5980
7 Telephone: (702) 257-1483
Facsimile: (702) 567-1568
8
Attorneys for Plaintiffs BAC Services, LLC,
9 Michael and Bethany Caruso, Robert Dugan, Roland Fraga,
Michael Halverson, R.J. Heapy, Ernie Martin, Doug Mueller,
HOWARD & HOWARD ATTORNEYS, PLLC
10 David And Cristy Moore, Raymond Nickels, Matt Ragan,
11 Evan Slawson, Joel Smith, Brian Stokes, and Vincent Tolomeo
12 DISTRICT COURT
3800 Howard Hughes Parkway, Suite 1000
CLARK COUNTY, NEVADA
(702) 257-1483 FAX: (702) 567-1568
13
BAC SERVICES, LLC, a Nevada limited Case No. A-20-816602-B
Las Vegas, Nevada 89169
14 liability company; MICHAEL and BETHANY
CARUSO, a married couple; ROBERT Dept No. 27
15 DUGAN, an individual; ROLAND FRAGA,
an individual; MICHAEL HALVERSON, an
16
individual; R.J. HEAPY, an individual;
17 ERNIE MARTIN, an individual; DOUG
MUELLER, an individual; DAVID and
18 CRISTY MOORE, a married couple; AMENDED TEMPORARY RESTRAINING
RAYMOND NICKELS, an individual; MATT ORDER
19 RAGAN, an individual; EVAN SLAWSON,
an individual; JOEL SMITH, an individual;
20
BRIAN STOKES, an individual; and
21 VINCENT TOLOMEO, an individual,
Plaintiffs,
22
vs.
23 THE CITY OF BOULDER CITY, a Nevada
Municipal Corporation; ALFONSO NOYOLA,
24
an individual; STEVE MORRIS, an individual;
25 DOES I through X, inclusive; ROE
BUSINESS ENTITIES I through X, inclusive,
26
Defendants.
27
28 Page 1 of 4
1 On June 22, 2020, Plaintiffs BAC SERVICES, LLC, a Nevada limited liability company
2 (“BAC”) MICHAEL and BETHANY CARUSO, a married couple (the “Carusos”), ROBERT
3 DUGAN, an individual (“Mr. Dugan”), ROLAND FRAGA, an individual (“Mr. Fraga”),
4 MICHAEL HALVERSON, an individual (“Mr. Halverson”), R.J. HEAPY, an individual (“Mr.
5 Heapy”), ERNIE MARTIN, an individual (“Mr. E. Martin”), DOUG MUELLER, an individual
6 (“Mr. Mueller”), DAVID and CRISTY MOORE, a married couple (the “Moores”), RAYMOND
7 NICKELS, an individual (“Mr. Nickels”), MATT RAGAN, an individual (“Mr. Ragan”), EVAN
8 SLAWSON, an individual (“Mr. Slawson”), JOEL SMITH, an individual (“Mr. Smith”), BRIAN
9 STOKES, an individual (“Mr. Stokes”) and VINCENT TOLOMEO, an individual (“Mr.
Tolomeo” and collectively with BAC, the Carusos, Mr. Dugan, Mr. Fraga, Mr. Halverson, Mr.
HOWARD & HOWARD ATTORNEYS, PLLC
10
11 Heapy, Mr. E. Martin, Mr. Mueller, the Moores, Mr. Nickels, Mr. Ragan, Mr. Slawson, Mr.
12 Smith, and Mr. Stokes, “Plaintiffs” or the “Nunno Group Hanger Owners”), by and through their
3800 Howard Hughes Parkway, Suite 1000
(702) 257-1483 FAX: (702) 567-1568
13 undersigned counsel of record, the law firm of HOWARD & HOWARD, submitted their
Las Vegas, Nevada 89169
14 Emergency Ex Parte Application for Temporary Restraining Order and Motion for Preliminary
15 Injunction on an Order Shortening Time (the “Motion”). Based upon the Complaint, the Motion,
16 the exhibits and documents on file, and the memorandum of points and authorities and exhibits
17 filed herein, at this stage of the proceedings the Court finds that:
18 1. Plaintiffs have a reasonable probability of success on the merits of their claims
19 against Defendants.
20 2. Plaintiffs will suffer irreparable harm, including loss of property rights and
21 business goodwill, if injunctive relief is not granted.
22 3. The balancing of harms weighs in favor of Plaintiffs, because the requested
23 injunctive relief seeks to ensure that Defendants fulfill their legal obligations.
24 ORDER
25 Good cause appearing, it is hereby:
26 ORDERED that Plaintiffs’ Application for Temporary Restraining Order is GRANTED,
27 and that a Temporary Restraining Order shall issue in favor of Plaintiffs and against Defendants.
28 Page 2 of 4
1 IT IS FURTHER ORDERED that Defendants, and any and all of their officers, agents,
2 servants, employees, and attorneys, and those persons in active concert or participation with
3 them, are hereby enjoined from engaging in any of the following activities:
4 A. Defendants are hereby enjoined from proceeding with Agenda Item 9 as
5 contained on the agenda published for the June 23, 2020 Boulder City City Council meeting, or
6 otherwise taking any action at the June 23, 2020 City Council meeting which would serve to
7 advance exercising the reversion provisions contained in the Ground Lease known as Agreement
8 No. 89-85 (as amended by amendments 89-85A and 89-85B, the “Ground Lease”) or terminating
9 the Ground Lease.
HOWARD & HOWARD ATTORNEYS, PLLC
10 B. Defendants are hereby enjoined from terminating the Ground Lease and the
11 Ground Lease shall remain in effect, as though amended hereby, until further order of this Court.
12 C. Defendants are hereby enjoined from taking possession or control over the
3800 Howard Hughes Parkway, Suite 1000
(702) 257-1483 FAX: (702) 567-1568
13 hangars belonging to Plaintiffs.
Las Vegas, Nevada 89169
14 D. Defendants are hereby enjoined from making misrepresentations of law or fact to
15 the Boulder City City Council (the “City Council”), or omitting information from the City
16 Council, regarding prior representations made by Boulder City regarding the hangar leases,
17 Boulder City’s legal ability to renew the leases, extend the leases, or enter into new leases; and
18 E. Defendants are hereby enjoined from not allowing Plaintiffs the opportunity to
19 provide all materials they believe are relevant to the City Council at any future meeting of the
20 City Council or its advisory councils regarding the subject of the Ground Lease or any
21 agreements affecting the hangar leases.
22 F. Defendants are hereby enjoined from disallowing persons entitled to place agenda
23 items on the City Council agenda pursuant to the City Council’s Rules of Procedure regarding
24 requests to add agenda items relating to the hangars for future City Council meetings.
25 ///
26 ///
27 ///
28 Page 3 of 4
1 IT IS FURTHER ORDERED that Plaintiffs shall post security with the Court Clerk in
2 the amount of $500 as a precondition to the effect of this Temporary Restraining Order.
3 IT IS FURTHER ORDERED that the hearing on Plaintiffs Motion for Preliminary
4 Injunction shall be held in Department 27 beginning on the 1st day of July, 2020, at the hour of
5 11:30 A.M. or as soon thereafter as counsel can be heard.
6 IT IS FURTHER ORDERED that any written opposition briefs shall be filed on or before
7 June 25, 2020 and any reply briefs shall be filed on or before June 29, 2020.
8 IT IS FURTHER ORDERED that this Temporary Restraining Order shall expire at the
9 conclusion of the Preliminary Injunction Hearing, currently scheduled to begin on July 1, 2020,
HOWARD & HOWARD ATTORNEYS, PLLC
10 unless otherwise modified or extended by Order of the Court. Because the temporary restraining
11 order is issued with notice the time deadlines set forth in N.R.C.P. 65(b) do not and shall not
12 apply.
3800 Howard Hughes Parkway, Suite 1000
(702) 257-1483 FAX: (702) 567-1568
13 ISSUED this _____ day of June, 2020.
Las Vegas, Nevada 89169
14
15 ____________________________________
DISTRICT COURT JUDGE JD
16
Respectfully submitted by:
17 HOWARD & HOWARD ATTORNEYS PLLC
18
/s/ Cami M. Perkins
19 Cami M. Perkins, Nevada Bar No. 9149
Robert Hernquist, Nevada Bar No. 10616
20 Kirill V. Mikhaylov, Nevada Bar No. 13538
21 Attorneys for Plaintiffs BAC Services, LLC,
Michael and Bethany Caruso, Robert Dugan, Roland Fraga,
22 Michael Halverson, R.J. Heapy, Ernie Martin, Doug Mueller,
David And Cristy Moore, Raymond Nickels, Matt Ragan,
23
Evan Slawson, Joel Smith, Brian Stokes, and Vincent Tolomeo
24
25
26
27
28 Page 4 of 4
1
2
DISTRICT COURT
3 CLARK COUNTY, NEVADA
4
6 BAC Services Inc, Plaintiff(s) CASE NO: A-20-816602-B
7 vs. DEPT. NO. Department 27
8 Boulder City of, Defendant(s)
10 AUTOMATED CERTIFICATE OF SERVICE
11
This automated certificate of service was generated by the Eighth Judicial District
12 Court. The foregoing Temporary Restraining Order was served via the court’s electronic
13 eFile system to all recipients registered for e-Service on the above entitled case as listed
14 below:
Envelope ID: 6222304
15
Service Date: 6/23/2020
16
17 Robert Hernquist rwh@[Link]
18 Cami Perkins cperkins@[Link]
Dianna Simeone dsimeone@[Link]
19
Kirill Mikhaylov kvm@[Link]
20
21
22
23
24
25
26
27
28
