This discovery dispute arose in connection with a constitutional challenge to a Las Vegas zoning ordinance which restricts the location of sexually oriented businesses. After the parties completed discovery, Lydo Enterprises, Inc., (“Lydo”), sought to reopen, arguing that this court's opinion in
Tovar v. Billmeyer, 721 F.2d 1260 (9th Cir.1983),
cert. denied, 469 U.S. 872, 105 S.Ct. 223, 83 L.Ed.2d 152 (1984), allowed it to depose city officials to determine their “motives” for enacting the zoning ordinance. The City moved for a protective order. The magistrate denied the motion, and the district court affirmed. The City then filed an application with this court pursuant to
28 U.S.C. § 1651(a) for a Writ of Prohibition and/or Mandamus directing the Honorable Roger D. Foley, Judge of the United States District Court, District of Nevada, to grant a protective order prohibiting Lydo from deposing the officials.