Fetish & Fantasy Halloween Ball, Inc. v. Ahern Rentals, Inc.

MEMORANDUM *

Fetish and Fantasy Halloween Ball, Inc. (“Fetish & Fantasy”) appeals the district court’s judgment dismissing its facial and *586 as-applied constitutional challenges to Nevada’s statutory scheme authorizing courts to issue pre-judgment writs of attachment without either prior notice to the defendant or a pre-deprivation hearing. Fetish & Fantasy brought this 42 U.S.C. § 1983 action against Ahern Rentals, Inc. (“Ahern”) and the Eighth Judicial District Court, State of Nevada (“State of Nevada”), seeking a declaratory judgment that the Nevada statute violates due process and an injunction dissolving a Nevada state court’s writ of attachment, pursuant to which money owed to Fetish & Fantasy was seized, in an action initiated by Ahern. The district court had jurisdiction under 28 U.S.C. §§ 1331 and 1343(a)(3), and we have jurisdiction over Fetish & Fantasy’s timely appeal pursuant to 28 U.S.C. § 1291 . We affirm in part, reverse in part, and remand with instructions to issue a stay under R.R. Comm’n v. Pullman Co., 312 U.S. 496 , 61 S.Ct. 643 , 85 L.Ed. 971 (1941). Because the parties are familiar with the facts and procedural history of this case, we do not recount…