Case 2:25-cv-00575-APG-BNW Document 57 Filed 05/14/25 Page 2 of 25
Proposed Intervenor-Defendant Nevada Resort Association (“NRA”), by and through its
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attorneys of record, moves pursuant to Rule 24 of the Federal Rules of Civil Procedure to intervene
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as a defendant in this matter. This Motion is supported by the following memorandum of points
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and authorities, the declaration of Adam Hosmer-Henner attached as Exhibit 1, the declaration of
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Virginia Valentine attached as Exhibit 2 , the proposed Joinder to Defendants’ Motion to Dismiss
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attached as Exhibit 3, all of the pleadings and papers on file in this action, and any oral argument
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presented by counsel.
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MEMORANDUM OF POINTS AND AUTHORITIES
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I.
INTRODUCTION
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Plaintiff KalshiEX, LLC ’s (“Kalshi”) arguments in this lawsuit would result in the
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complete upheaval of Nevada’s gaming regulations, reversing over one hundred and fifty years of
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state control over this area and over seventy-five years of regulated sports betting. According to
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Kalshi, this seismic change did not occur due to a recent change in statute or regulation, but due
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to an event contract that Kalshi self-certified as compliant to the Commodity Futures Trading
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Commission (“CFTC”). But Congress does no t “hide elephants in mouseholes.” Whitman v. Am.
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Trucking Ass’ns., Inc. , 531 U.S. 457, 468 (2001). Such a transformative change cannot and should
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not be based on the tenuous inferences offered by Kalshi and certainly not based on Kalshi’s
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outright misrepresentations as to its products and their legality. The NRA represents Nevada’s
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gaming and resort industry and seeks to intervene in this lawsuit to protect Nevada’s largest
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industry and the dependent jobs, capital investment, tax revenue, and economic future of the state.
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While the NRA shares some of the same interests as the Nevada Gaming Control Board
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(“ N GCB”) and the other government defendants in this case (collectively the “State Defendants”) ,
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the NRA offers a unique perspective and set of arguments in this action. Crucially, the NRA’s
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intervention is warranted to ensure that this action can be resolved on its merits rather than as a
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result of any short-term political compromise or other expediency. In the election contests case
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that was pending in the D.C. Circuit Court of Appeals, the CFTC and Kalshi reached an agreement
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to dismiss the pending appeal rather than have the appellate court reach the merits of the legality
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of Kalshi’s election event contracts. KalshiEX LLC v. CFTC , Case No. 24-5205 (D.C. Cir.)
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