Last Updated: January 15, 2014 at 1:29 PM

Townley v. Miller

Case Information

Date Filed: June 8, 2012
State: Nevada
Issue: Ballot Design
Courts that Heard this Case: U.S. District Court for Nevada (Case 3:12-cv-00310 ); U.S. Court of Appeals for the 9th Circuit (Case 12-16882 )

Issue:

Whether Nevada state law, which allows voters to choose "none of the above" as a ballot option, but then requires that those ballots not be counted, is Constitutional.

Status:

Complaint filed 6/8/12. Appeal to 9th Circuit filed 8/24/12. Order Granting Emergency Motion for Stay Pending appeal issued 9/5/12. Appellants' briefs filed 9/24/12. Appellees' Brief filed 11/5/12. Appellants' Reply Brief filed 12/3/12. Set for oral argument 3/11/13. Opinion Vacating and Remanding with Instructions to Dismiss for Lack of Standing filed 7/10/13. Order Dismissing Case and Final Judgment on 9/17/13. Petition for Writ of Cert. Denied on 1/14/14.

 

Circuit Court Documents

• Emergency Motion for Stay of Order Granting Preliminary Injunction Pending Appeal (filed 8/30/12)
• Appellees-Plaintiffs' Opposition to Emergency Motion for Stay (filed 8/31/12)
• Order Granting Emergency Motion to Stay Pending Appeal (filed 9/5/12)
• Opening Brief of Intervenor-Defendant-Appellant (filed 9/24/12)
• Defendant-Appellant's Opening Brief (filed 9/24/12)
• Motion for Joinder of Republican Party of Nevada (filed 10/24/12)
• Confirmation of Extension of Time to File Brief (filed 10/24/12)
• Non-Opposition to Joinder of Republican Party of Nevada (filed 10/24/12)
• Appellees' Brief (filed 11/5/12)
• Order Granting Motion for Joinder of Republican Party of Nevada (filed 11/24/12)
• Defendant-Appellant's Reply Brief (filed 12/3/12)
• Notice of Oral argument on March 11, 2013 (filed 1/7/13)
• Opinion Vacating and Remanding to Dismiss for Lack of Standing (filed 7/10/13)
• Mandate (filed 8/2/13)

District Court Documents

• Complaint (filed 6/8/12)
• Amended Complaint (filed 6/20/12)
• Motion for Preliminary Injunction (filed 6/28/12)
  • Memorandum in Support (filed 6/28/12)
• Answer to Amended Complaint (filed 7/2/12)
• Motion to Dismiss (filed 7/2/12)
• Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss (filed 7/9/12)
• Opposition to Motion for Preliminary Injunction (filed 7/12/12)
• Motion for Intervention (filed 7/13/12)
• Intervenor's Proposed Response to Motion for Preliminary Injunction (filed 7/13/12)
• Intervenor-Defendant's Proposed Answer (filed 7/13/12)
• Defendant's Reply in Support of Motion to Dismiss (filed 7/19/12)
• Plaintiff's Opposition to Motion for Intervention (filed 7/30/12)
• Plaintiff's Memorandum in Support of Motion for Preliminary Injunction (filed 7/30/12)
• Reply in Support of Motion for Intervention (filed 8/6/12)
• Notice of Appeal of Preliminary Injunction (filed 8/24/12)
• Proposed Order Granting Plaintiffs' Preliminary Injunction (filed 8/28/12)
• Defendants' Emergency Motion for Clarification or Modification of Order (filed 9/4/12)
• Order Granting Stay Pending Appeal (filed 9/5/12)
• Order Denying as Moot Motion for Clarification (filed 9/5/12)
• Order Granting Leave to File Second Amended Complaint (filed 7/9/13)
• Mandate from 9th Circuit (filed 8/2/13)
• Order on Mandate (filed 8/14/13)
• Order Dismissing Case (filed 9/17/13)
• Final Judgment (filed 9/17/13)
• Notice of Filing Writ of Cert (filed 10/15/13)
• Notice that Petition for Writ of Cert. Denied (filed 1/14/2014)