Sporea v. United States of America

District Court, D. Nevada

Sporea v. United States of America

Trial Court Opinion

1 JUAnSitOedN S Mtat.e Fs RAItEtoRrnSeOyN 2 District of Nevada Nevada Bar No. 7709 3 SKYLER H. PEARSON 4 Assistant United States Attorney 501 Las Vegas Blvd. So., Suite 1100 5 Las Vegas, Nevada 89101 (702) 388-6336 6 [email protected] 7 Attorneys for the United States 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 Dionisie Razvan Sporea et al., Case No. 2:19-cv-01383-GMN-DJA Plaintiff, 12 Joint Stipulation to Provide v. 13 Supplemental Authority 14 United States of America et al., Defendants. 15 16 17 18 Plaintiffs, Dionisie Razvan Sporea et al., and Defendants, United States of America 19 et al., by and through undersigned counsel, hereby stipulate and agree to provide the Court 20 with supplemental authority. 21 This term, the United States Supreme Court issued an opinion in Patel v. Garland, --- 22 U.S. ----,

142 S. Ct. 1614

(2022). The parties agree that the Patel decision should be 23 provided to the Court. However, the parties dispute the impact, if any, the decision should 24 have on the above-captioned action. The United States argues that Patel should be 25 considered by this Court prior to the Court issuing a decision on the United States’ motion 26 to dismiss (ECF No. 29). Plaintiffs argue that the case is not applicable and should not 27 impact this Court’s decision on the motion. The parties are willing to provide additional 28 briefing on the issue should the Court so order. 1 A copy of the decision in Patel is attached hereto as Exhibit A. 2 Defendants hereby withdraw their motion for leave to file supplemental authority 3 (ECF No. 29). 4 Respectfully submitted this 27th day of July 2022. 5 ASHERSON, KLEIN & DARBINIAN JASON M. FRIERSON 6 United States Attorney 7 /s/ Anna Darbinian /s/ Skyler H. Pearson 8 ANNA DARBINIAN, ESQ. SKYLER H. PEARSON Asherson, Klein & Darbinian Assistant United States Attorney 9 8484 Wilshire Blvd., Suite 711 Beverly Hills, California 90211 Attorneys for the United States 10 [email protected] 11 Attorney for Plaintiff 12 ORDER 13 IT IS SO ORDERED. 14 15 IT IS FURTHER ORDERED that the parties shall have until August 23, 2022, to each file a brief, not to exceed ten pages, addressing the impact of the Supreme 16 Court's Patel v. Garland, ___ U.S. ___,

142 S. Ct. 1614

(2022), decision in this case. 17 IT IS FURTHER ORDERED that the Motion for Leave to File Supplemental 18 Authority, (ECF No. 29), is DENIED as moot. 19 Dated this _9___ day of August, 2022. 20 21 22 ___________________________ Gloria M. Navarro, District Judge 23 UNITED STATES DISTRICT COURT 24 25 26 27

Reference

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