2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
61 being 11th Amendment immunity against the State, the NGCB, and the NGC.
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THE COURT: Say that again. Against the State -- MS. WHELAN: The State; the NGC, the Commission; and
the NGCB. There are also various State law immunities that we'll be asserting on behalf of the individual members and Attorney General Ford, as well as a 12(b)(6) motion for failure to state a claim based on the fact that there really are no allegations in the Complaint talking about the participation of the individuals and AG Ford. We've got some jurisdictional defects in that the State wasn't properly named pursuant to Nevada law. We also have a service issue that no dual service has been effected. So we have kind of multiple grounds on which we're going to be moving to dismiss. And I've previewed them to you and now opposing counsel, but that's going to be coming shortly. So that doesn't leave, however, Kalshi without a remedy. If it wishes to seek monetary damages against the State, the State has waived sovereign immunity in State Court under certain circumstances, and it could certainly pursue that avenue of relief. THE COURT: Is this one of those circumstances? MS. WHELAN: I believe it is. I believe it is, yes. THE COURT: Okay. So they could sue the defendants in State Court for monetary remedies if, in fact, they're able
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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