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									Case 2:08-cv-01763-KJD-LRL

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Nancy Lord, MD Nev Bar No. 6697 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Petitioners UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CONCERNED CITIZENS FOR A SAFE COMMUNITY, AN ASSOCIATION; AND DONNA COX, AN INDIVIDUAL ) ) CIVIL CASE ) ) NO. 2:08-cv-1763 Petitioners ) ) vs. ) PETITION FOR ) TEMPORARY RESTRAINING NYE COUNTY, NYE COUNTY COMMISSIONERS, ) ORDER JONI EASTLEY, in her Official ) Capacity, GARY HOLLIS, in his Official ) Capacity, BORASKY, ANDREW “BUTCH” in ) his Official Capacity, PETER ) LIAKOPOULOS,in his Official Capacity, ) and MIDGE CARVER, in her Official ) Capacity. ) Respondents ) ______________________________________ )________________________ COMES NOW Petitioners, by and through his undersigned

17 attorney, Nancy Lord, MD, Esq., and petition for a temporary 18 restraining Order for until the parties can be heard on the 19 complaint for declaratory and injunctive relief for violations 20 under 42 U.S.C.A. § 4321, 4332 and supplemental claims under the 21 Nevada Revised Statutes can be heard. 22 THE PARTIES AND JURISDICTION 23 The Parties 24 1. 25 of citizens of Pahrump, Nevada; DONNA COX is an Individual 26 and Citizen of Pahrump, Nevada, located in Nye County, 27 Nevada. 28 1 CONCERNED CITIZENS FOR A SAFE COMMUNITY, is an Association

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2.

Each of the plaintiff organization and individuals described above has members who live and/or work in Pahrump, Nevdaa and specifically near the site of the proposed Correctional Corporations of America, Inc. (CCA) facility. Plaintiff

members and Individual Plaintiffs use nearby national forests for a variety of purposes, including, but not limited to, hiking, backpacking, photography, scientific study, wildlife observation, hunting and fishing. They

intend to continue to do so on an ongoing basis in the future. Plaintiffs’ members derive recreational, spiritual, professional, aesthetic, educational and other benefits and enjoyment from these activities. Moreover, Plaintiff’s

members and Individual Plaintiffs live in Pahrump Nevada and seek to enjoy the benefits of dark stars at night and a peaceful and safe rural community. 1. The Nye County Commissioners are the county commissioners for Nye County, Nevada and include JONI EASTLEY, in her Official Capacity as Chairwoman, ANDREW “BUTCH” BORASKY in his Official Capacity, PETER LIAKOPOULoS,in his Official Capacity, and MIDGE CARVER, in her Official Capacity. 2. The CORRECTIONAL CORPORATION OF AMERICA, INC., is a corporation located at 10 Burton Hills Boulevard, Nashville, Tennessee 37215 that builds and manages for profit prison facilities throughout the nation, and has agreed to contract to build such a facility in Pahrump, Nevada in spite of the overwhelming opposition by the citizens of that community.

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Case 2:08-cv-01763-KJD-LRL

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JURISDICTION AND VENUE The court has jurisdiction over all causes of action herein pursuant to 28 USC §§ 1331, 43 USC §§ 4321, 4332, and supplemental jurisdiction over state law claims under 28 USC § 1367. Venue is proper in this Court under 28 USC § 1391(e) because a substantial part of the events or omissions giving rise to the claims occurred here in Nye County, Nevada, the proposed Correctional Corporations of America (CCA) facility is to be located here, and several of the plaintiffs and defendants are based here. STATEMENT OF FACTS The background of facts are set forth in the previously filed Complaint for Declaratory and Injunctive Relief. In addition, the Petitioners did not learn until Thursday, December 4, 2008 that their comments had not been incorporated into the final Development Agreement to be signed today, December 8, 2008, at approximately 1:30 p.m. The Petitioners were unable to prepare their pleadings prior to 4:00 p.m. yesterday and hence were unable to obtain a time for hearing upon their 4:30 p.m. filing. ATTEMPT TO NOTICE Prior to the filing of this Petition, all Defendants have been served with copies of all of the pleadings filed in

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this case and notified that they will be contacted by phone when the hearing is set. [See Certificate of Service]

Dated this 16th day of December, 2008. Respectfully submitted, S/nancylord/s _____________________________ Nancy Lord, M.D. Nev. Bar No. 6697 Attorney for Petitioners Nancy Lord, Ltd. 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636

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Nancy Lord, MD Nev Bar No. 6697 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Petitioners UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CONCERNED CITIZENS FOR A SAFE COMMUNITY, AN ASSOCIATION; AND DONNA COX, AN INDIVIDUAL ) ) CIVIL CASE ) ) NO. 2:08-cv-1763 Petitioners ) ) vs. ) NOTICE OF ) NYE COUNTY, NYE COUNTY COMMISSIONERS, ) TEMPORARY RESTRAINING JONI EASTLEY, in her Official ) ORDER Capacity, GARY HOLLIS, in his Official ) Capacity, BORASKY, ANDREW “BUTCH” in ) his Official Capacity, PETER ) LIAKOPOULOS,in his Official Capacity, ) and MIDGE CARVER, in her Official ) Capacity. ) Respondents ) ______________________________________ )________________________

TO: 18 19 20 21 22 23 24 25 26 27 28 1 YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned will bring the above and foregoing Petition for a Temporary Restraining Order, set for hearing on the ____ day of ___________________, 2008, at the hour of ____ __.m. in Department the above-entitled Court, located at 333 S. Las Vegas NYE COUNTY, NYE COUNTY COMMISSIONERS, JONI EASTLEY, in her Official Capacity, GARY HOLLIS, in his Official Capacity, BORASKY, ANDREW “BUTCH” in his Official Capacity, PETER LIAKOPOULOS, in his Official Capacity, and MIDGE CARVER, in her Official Capacity.

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Blvd., Las Vegas, NV 89101 or as soon thereafter as counsel may be heard.

Dated this 16th day of December, 2008

Respectfully submitted, S/nancylord/s _____________________________ Nancy Lord, M.D. Cal. Bar No. 202372 Attorney for Petitioners Nancy Lord 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Petitioners

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Case 2:08-cv-01763-KJD-LRL

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Nancy Lord, MD Nev Bar No. 6697 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Petitioners UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA CONCERNED CITIZENS FOR A SAFE COMMUNITY, AN ASSOCIATION; AND DONNA COX, AN INDIVIDUAL ) ) CIVIL CASE ) ) NO. 2:08-cv-1763 Petitioners ) ) vs. ) ) TEMPORARY RESTRAINING NYE COUNTY, NYE COUNTY COMMISSIONERS, ) ORDER JONI EASTLEY, in her Official ) Capacity, GARY HOLLIS, in his Official ) Capacity, BORASKY, ANDREW “BUTCH” in ) his Official Capacity, PETER ) LIAKOPOULOS,in his Official Capacity, ) and MIDGE CARVER, in her Official ) Capacity. ) Respondents ) ______________________________________ )________________________

IT IS HEREBY ORDERED: 17 A. 18 suffer immediate and irreparable harm in once the 19 Development Agreement is signed without agreement a final 20 opinion by U.S. Fish & Wildlife for the habitat of the 21 desert tortoise, the burrowing owl, the yucca plant; 22 provisions for water to the large facility, the safety of 23 Pahrump residents, the nuisance of light and noise, there 24 will be no means of preventing its construction. 25 B. 26 rescind the agreement once it is signed and the opportunity 27 28 1 This harm is immediate in that once it is too late to That if no restraining Order were to issue, Petitioner will

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to make mitigate the damage or build the facility elsewhere will be lost. That the potential harm to the Respondents by granting Petitioner this Order is minimal if any. That sufficient efforts were made to notify Respondents of this proceedings. That Respondents be restrained from signing a Development Agreement with Correctional Corporation of America until this matter can be heard. That bond be set at zero. That the matter be set for hearing for preliminary injunction at the hour of ____ a.m./p.m., on the ____ day of July, 2006. Dated this 16th day of December, 2008. __________________________________ UNITED STATES DISTRICT COURT JUDGE Prepared by Nancy Lord Nev. Bar No. 6697 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 775-751-3636 Attorney for Petitioners

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NANCY LORD, LTD ATTORNEY AT LAW
www.nancylordltd.com nancylord@mindspring.com Licensed to Practice Law in: U.S. Patent and Trademark Office Nevada, California & Washington, DC Admitted to the US Supreme Court NANCY LORD 1970 N. Leslie Rd., No. 220 Pahrump, NV 89060 Tel. 775-253-0137

December 16, 2008

NYE COUNTY NYE COUNTY COMMISSIONERS JONI EASTLEY GARY HOLLIS BORASKY, ANDREW “BUTCH” PETER LIAKOPOULOS MIDGE CARVER
RE: Correctional Corporation of America, Inc., Development Agreement

Dear Commissioners: The attached pleadings provide you with notice that I will seek emergency, ex parte relief regarding your plans to sign the Development Agreement with Correctional Corporation of America, Inc., in violation of the National Environmental Protection Act, 42 USC § 4321, 4332 and the open meeting law of Nevada. The Agreement is to be signed in spite of denial of zoning changes by the RPC and will be a nuisance and grave danger to your constituents. As the Court Clerk has informed me that it is not possible to set a hearing time until filing of the pleadings, most of which were filed yesterday. Since it was too late to schedule a hearing for the preliminary injunction, we are filing a motion for a temporary restraining order as soon as you receive this, and we expect to arrive in Las Vegas by 11:00 am, at which time it will be too late for anyone from your facility to get to Las Vegas prior to the 1:30 pm meeting. I will inform you when the time has been set for the hearing on the restraining order. I therefore encourage you to send a representative at this time if you wish to be represented. Very truly yours, orig signed Nancy Lord CC: Donna Cox


								
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