Donald McDougall v. County of Ventura California, et al
| Donald McDougall, Firearms Policy Coalition, Inc., California Gun Rights Foundation, Juliana Garcia and Second Amendment Foundation |
| Roes, Does 1-20, County of Ventura California, William T Foley, Bill Ayub, Ventura County Public Health Care Agency and Robert Levin |
| 2:2020cv02927 |
| March 28, 2020 |
| US District Court for the Central District of California |
| Consuelo B Marshall |
| Alka Sagar |
| Civil Rights: Other |
| Plaintiff |
Docket Report
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Filing 41
MINUTES IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall withdrawing #20 MOTION for Preliminary Injunction: Counsel are hereby notified that pursuant to the Judge's directive, the Plaintiff's notice of withdrawal of motion #40 is granted. The telephonic hearing re the motion for preliminary injunction #20 re gun store closure, currently set for May 19, 2020, is hereby withdrawn and take off calendar. (bm)
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| Filing 40 Notice of Withdrawal of Motion for Preliminary Injunction, #20 filed by Plaintiff California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall, Second Amendment Foundation. (DiGuiseppe, Raymond) |
| Filing 39 NOTICE of Issuance of STAY WELL VC ORDER to Safely Reopen Ventura County, with Exh. A (May 7, 2020 Order); Exh. B (State Guidelines); and Exh. C (County FAQ) filed by Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (Buehner, Charmaine) |
| Filing 38 EXHIBIT Filed filed by Plaintiff Donald McDougall. Exhibit 3 as to Reply (Motion related) #37 . (Baldwin-Kennedy, Ronda) |
| Filing 37 REPLY in support of First NOTICE OF MOTION AND MOTION for Preliminary Injunction re Gun Store Closure . Motion #20 filed by Plaintiff Donald McDougall. (Attachments: #1 Exhibit, #2 Exhibit)(Baldwin-Kennedy, Ronda) |
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Filing 36
ORDER by Judge Consuelo B. Marshall, re Stipulation for Extension of Time to File Response/Reply, #34 . Having reviewed the stipulation of the parties and good cause appearing thereon, the hearing on defendants, County of Ventura, Sheriff William Ayub, Dr. Robert Levin and Director William Foley (collectively Defendants), motion to dismiss the First Amended Complaint (MTD) shall take place on June 30, 2020, at 10:00 a.m. The time for Defendants to respond to the First Amended Complaint shall be 28 days before the date set for the hearing on the MTD in accordance with Local Rule 6-1. Plaintiffs, Donald McDougall, Juliana Garcia, Second Amendment Foundation, California Gun Rights Foundation and Firearms Policy Coalition, Inc., opposition to the MTD shall be filed on or before 21 days before the date set for the hearing on the MTD in accordance with Local Rule 7-9. Any reply filed by Defendants shall be due on or before 14 days before the date set for the hearing in accordance with Local Rule 7-10. (shb)
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| Filing 35 SCHEDULING NOTICE by Judge Consuelo B. Marshall. The Court sets a telephonic hearing on the preliminary injunction on Tuesday, May 19, 2020 at 10:00 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vcr) TEXT ONLY ENTRY |
| Filing 34 First STIPULATION for Hearing re on Defendants' Motion to Dismiss First Amended Complaint, First STIPULATION for Extension of Time to File Response to First Amended Complaint filed by Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (Attachments: #1 Proposed Order)(Buehner, Charmaine) |
| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MEMORANDUM in Opposition to Motion, #32 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The case number is incorrect. The correct case number is 2:20-cv-02927 CBM (ASx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 32 MEMORANDUM in Opposition to First NOTICE OF MOTION AND MOTION for Preliminary Injunction re Gun Store Closure . Motion #20 Opposition to Motion for Preliminary Injunction filed by Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (Attachments: #1 Request for Judicial Notice with Exhibits, #2 Objections to Evidence in support of Motion)(Buehner, Charmaine) |
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Filing 31
MINUTE IN CHAMBERS-ORDER AND NOTICE TO ALL PARTIES by Judge Consuelo B. Marshall: Counsel are hereby notified that pursuant to the Judge's directive, the fees in Order #18 filed on April 13, 2020, are hereby ordered refunded forthwith. (shb)
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Filing 30
MINUTES IN CHAMBERS - ORDER RE PLAINTIFFS' SECOND EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER, #27 by Judge Consuelo B. Marshall: The Court DENIES the TRO and GRANTS the order to show cause why this TRO should not issue, in accordance with Local Rule 65-1. The Court consolidates the hearings on the orders to show cause why the temporary restraining orders should not issue and Plaintiffs motion for a preliminary injunction, per the Courts scheduling order dated April 27, 2020. (See Dkt. No. 28.) The Court will consider evidence from both parties supporting their positions at the expedited hearing for the issuance of a preliminary injunction. See order for further details. (shb)
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| Filing 29 MEMORANDUM in Opposition to Second EX PARTE APPLICATION for Temporary Restraining Order as to closure of retail firearm and ammunition businesses #27 filed by Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (Attachments: #1 Request for Judicial Notice with Exhibits, #2 Declaration Charmaine H. Buehner)(Buehner, Charmaine) |
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Filing 28
MINUTE IN CHAMBERS SCHEDULING ORDER RE DKT NOS. 20 AND 27 by Judge Consuelo B. Marshall: The Court GRANTS Plaintiff's request for an expedited hearing. The Court vacates the July 28, 2020 hearing date for the motion for preliminary injunction. (Dkt No. 25). Pursuant to Local Rule 65-1, the Court sets the hearing on the motion for preliminary injunction for May 19, 2020 at 10:00 a.m. Defendant's must file an opposition on or before May 5, 2020. Plaintiffs may file a reply on or before May 12, 2020. Defendants are hereby ordered to file an opposition addressing their position regarding Plaintiff's second ex parte application for a temporary restraining on or before April 28, 2020 at 4:00 p.m. (shb). Modified on 4/27/2020 (shb).
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| Filing 27 Second EX PARTE APPLICATION for Temporary Restraining Order as to closure of retail firearm and ammunition businesses filed by Plaintiff Juliana Garcia. (Attachments: #1 Memorandum) (Attorney Ronda Baldwin-Kennedy added to party Juliana Garcia(pty:pla)) (Baldwin-Kennedy, Ronda) |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney Raymond Mark DiGuiseppe counsel for Plaintiffs California Gun Rights Foundation, Firearms Policy Coalition, Inc., Juliana Garcia, Donald McDougall, Second Amendment Foundation. Adding Raymond M. DiGuiseppe as counsel of record for All Plaintiffs for the reason indicated in the G-123 Notice. Filed by Plaintiffs Donald McDougall, et al.. (Attorney Raymond Mark DiGuiseppe added to party California Gun Rights Foundation(pty:pla), Attorney Raymond Mark DiGuiseppe added to party Firearms Policy Coalition, Inc.(pty:pla), Attorney Raymond Mark DiGuiseppe added to party Juliana Garcia(pty:pla), Attorney Raymond Mark DiGuiseppe added to party Donald McDougall(pty:pla), Attorney Raymond Mark DiGuiseppe added to party Second Amendment Foundation(pty:pla))(DiGuiseppe, Raymond) |
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Filing 25
ORDER CONTINUING BRIEFING SCHEDULE AND HEARING ON PLAINTIFFS MOTION FOR #24 PRELIMINARY INJUNCTION by Judge Consuelo B. Marshall: Having reviewed the stipulation of the parties and good cause appearing thereon, the hearing on plaintiffs, Donald McDougall, Juliana Garcia, Second Amendment Foundation, California Gun Rights Foundation, and Firearms Policy Coalition, Inc., motion for preliminary injunction shall take place on July 28, 2020, at 10:00 a.m. Defendants, County of Ventura, Sheriff William Ayub, Dr. Robert Levin and Director William T. Foley are directed to file any opposition to the motion for preliminary injunction in accordance with Local Rule 7-9. (shb)
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| Filing 24 STIPULATION to Continue Hearing on Motion for Preliminary Injunction from May 12, 2020 to May 19, 2020 Re: First NOTICE OF MOTION AND MOTION for Preliminary Injunction re Gun Store Closure . Motion #20 filed by Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (Attachments: #1 Proposed Order to Continue Hearing and Briefing Schedule)(Attorney Charmaine Hilton Buehner added to party Bill Ayub(pty:dft), Attorney Charmaine Hilton Buehner added to party County of Ventura California(pty:dft), Attorney Charmaine Hilton Buehner added to party William T Foley(pty:dft), Attorney Charmaine Hilton Buehner added to party Robert Levin(pty:dft), Attorney Charmaine Hilton Buehner added to party Ventura County Public Health Care Agency(pty:dft))(Buehner, Charmaine) |
| Filing 23 21 DAY Summons Issued re First Amended Complaint/Petition #19 as to Defendants Bill Ayub, County of Ventura California, William T Foley, Robert Levin, Ventura County Public Health Care Agency. (shb) |
| Filing 22 Request for Clerk to Issue Summons on Amended Complaint/Petition #19 Donald McDougall. (Baldwin-Kennedy, Ronda) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Amended Complaint/Petition #19 , First NOTICE OF MOTION AND MOTION for Preliminary Injunction re Gun Store Closure . Motion #20 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Case number is incorrect or missing. Other error(s) with document(s): The case number is missing the judge initials. The complete case number is 2:20-cv-02927-CBM (ASx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) |
| Filing 20 First NOTICE OF MOTION AND MOTION for Preliminary Injunction re Gun Store Closure . Motion Donald McDougall. Motion set for hearing on 5/12/2020 at 10:00 AM before Judge Consuelo B. Marshall. (Attachments: #1 Memorandum, #2 Declaration Donald McDougall, #3 Declaration Juliana Garcia, #4 Declaration Alan Gottlieb, #5 Declaration Gene Hoffman, #6 Declaration Brandon Combs, #7 Declaration Ronda Baldwin-Kennedy) (Baldwin-Kennedy, Ronda) |
| Filing 19 First AMENDED COMPLAINT against Defendants All Defendants amending Complaint (Attorney Civil Case Opening) #1 (Baldwin-Kennedy, Ronda) |
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Filing 18
ORDER by Judge Consuelo B. Marshall: Denying #15 Non-Resident Attorney Adam J Kraut APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff pursuant to L.R. 83-2.1.3.2 previous application listed indicate Applicant is regularly employed or engaged in a business, professional, or other similar activities in California. IT IS HEREBY FURTHER ORDERED that the pro hac vice application fee, if paid, not be refunded. (shb)
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Filing 17
ORDER by Judge Consuelo B. Marshall: granting #15 Non-Resident Attorney Adam J Kraut APPLICATION to Appear Pro Hac Vice on behalf of Donald McDougall, designating Ronda Baldwin-Kennedy as local counsel. (lom)
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| Filing 16 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Adam Kraut, Esq. to Appear Pro Hac Vice on behalf of Plaintiff Donald McDougall (Pro Hac Vice Fee - $400.00 Previously Paid on 4/6/2020, Receipt No. 25977589) #15 . The following error(s) was/were found: Local Rule 83-2.1.3.2(a) Applicant resides in California. (Thrasher, Lupe) |
| Filing 15 APPLICATION of Non-Resident Attorney Adam Kraut, Esq. to Appear Pro Hac Vice on behalf of Plaintiff Donald McDougall (Pro Hac Vice Fee - $400.00 Previously Paid on 4/6/2020, Receipt No. 25977589) Donald McDougall. (Attachments: #1 Proposed Order) (Baldwin-Kennedy, Ronda) |
| Filing 14 First APPLICATION for Order for Pro Hac Vice Donald McDougall. (Baldwin-Kennedy, Ronda) Modified on 4/7/2020 (shb). |
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Filing 13
STANDING ORDER upon filing of the complaint by Judge Consuelo B. Marshall. READ THIS ORDER CAREFULLY. It controls this case and may differ in some respects from the Local Rules. (ys)
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Filing 12
MINUTES (IN CHAMBERS) ORDER RE EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER [DKT. NOS. 9, 10], by Judge Consuelo B. Marshall: The Court DENIES Plaintiffs request for a temporary restraining order. See order for further details. (shb)
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| Filing 11 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant County of Ventura California. (shb) |
| Filing 10 First EX PARTE APPLICATION to Ex Parte Application for TRO First EX PARTE APPLICATION for Temporary Restraining Order #9 Donald McDougall. (Baldwin-Kennedy, Ronda) |
| Filing 9 First EX PARTE APPLICATION for Temporary Restraining Order Donald McDougall. (Attachments: #1 Memorandum, #2 Declaration) (Baldwin-Kennedy, Ronda) |
| Filing 8 Request for Clerk to Issue Summons on Deficiency in Attorney Case Opening - optional html form,, #5 Donald McDougall. (Baldwin-Kennedy, Ronda) |
| Filing 7 NOTICE of Interested Parties (Baldwin-Kennedy, Ronda) |
| Filing 6 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 5 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. Other error(s) with document(s): A temporary restraining order (TRO) flag was indicated, but no TRO document was filed. (esa) |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Consuelo B. Marshall and Magistrate Judge Alka Sagar. (esa) |
| Filing 3 NOTICE of Change of address by Ronda Baldwin-Kennedy attorney for Movant Donald McDougall. Changing attorneys address to Ronda Baldwin-Kennedy. Filed by Movant Donald McDougall. (Baldwin-Kennedy, Ronda) |
| Filing 2 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 Donald McDougall. (Baldwin-Kennedy, Ronda) |
| Filing 1 COMPLAINT Receipt No: ACACDC-25894242 - Fee: $400. (Attachments: #1 Exhibit Stay Well at home Order, #2 Civil Cover Sheet) (Attorney Ronda Baldwin-Kennedy added to party Donald McDougall(pty:bkmov))(Baldwin-Kennedy, Ronda) |
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