Maurice Underwood v. Andrew MacKay

MEMORANDUM

Maurice Underwood and Reno Movers, LLC (“Plaintiffs”) appeal the district court’s dismissal, under Rule 12(b)(1) of the Federal Rules of Civil Procedure, of their suit for declaratory and injunctive relief against several commissioners and staff of the Nevada Transportation Authority, all in their official capacities (“Defendants”). Plaintiffs’ suit challenges the constitutionality of several Nevada motor carrier licensing requirements, Nevada Revised Statutes (“NRS”) §§ 706.391 and 706.151 and Nevada Administrative Code (“NAC”) § 706.1375. These statutes require would-be movers to apply for a Cer- tifícate of Public Convenience and Necessity (“Certifícate”) and appear at a hearing. Plaintiffs claim that the licensing scheme is unconstitutional because it permits Defendants to consider whether granting a Certificate would be competitively detrimental to existing moving companies. See NRS § 706.391(2)(a) & (c). Plaintiffs also allege that certain licensing criteria are void for vagueness. The district court dismissed. Plaintiffs’ claims as unripe. For the reasons set forth herein, we affirm the judgment of the district court.

Plaintiffs have never completed an…