Cavanagh v. Nev. State Militia, No. 24-00196, 2025 WL 2433095 (D. Nev. Aug. 21, 2025) (Traum, J.)

Cavanagh v. Nev. State Militia, No. 24-00196, 2025 WL 2433095 (D. Nev. Aug. 21, 2025) (Traum, J.)

Re: Request for records concerning plaintiff’s daughter

Disposition:  Denying plaintiff’s motion to dismiss; staying proceeding pending plaintiff’s exhaustion of administrative remedies

• Litigation Considerations, Exhaustion of Administrative Remedies:  The court finds that “[defendant’s] final response included its decision not to comply with the request, its reasons for its decision, and notice of [plaintiff’s] right to appeal.”  “Although [defendant] took longer than twenty days to respond to [plaintiff’s] requests, [plaintiff] did not file this lawsuit until three months after [defendant’s] final response.”  “Accordingly, . . . [plaintiff] waived the right to immediately sue unless an exception to the exhaustion requirement applies.”  Additionally, “[plaintiff] argues that appealing [defendant’s] response to the agency would be futile.”  “[Defendant’s] allegations do not show that it would be futile to appeal.”  “If [plaintiff] had appealed [defendant’s] rejections, the Court would have a clearer record from which to glean the agency’s rationale.” Additionally, the court finds that “it does not follow that an adverse decision was certain.”  “The Court, however, will continue to exercise jurisdiction over this case.”  “For this case to continue, [plaintiff] may either exhaust administrative remedies for her first request, or she may refile her original requests – or reformulated requests – with [defendant].”  “The Court will stay these proceedings until then.”