Adam Richards et al v. Gavin Newsom et al
| Adam Richards, Jeffrey Vandermeulen, Gerald Clark, Jesse Harris, On Target Indoor Shooting Range, LLC, Gaalswyk Enterprises, Inc. an individual doing business as Smokin Barrel Firearms, Gun Owners of California, Inc., Gun Owners of America, Inc., Gun Owners Foundation, California Rifle and Pistol Association, Incorporated and Second Amendment Foundation |
| Gavin Newsom, Robert Bonta and Does 1-10 |
| 8:2023cv02413 |
| December 19, 2023 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 27 [PLAINTIFFS' SUPPLEMENTAL BRIEF ON MOTION FOR PRELIMINARY INJUNCTION filed as] RESPONSE filed by Plaintiffs California Rifle and Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulento Text Only Scheduling Notice, 25 (Attachments: #1 Declaration of Matthew Gene Peterson-Haywood)(Dale, Joshua) Modified on 2/1/2024 (es). |
| Filing 26 RESPONSE filed by Defendants Robert Bonta, Gavin Newsomto Text Only Scheduling Notice, 25 (Grabarsky, Todd) |
Filing 25
[IN CHAMBERS] Order by Judge James V. Selna: Having reflected on oral argument, the Court invites Defendants to brief within seven days and in no more than eight pages the applicability of the statute to the following two situations: kitchen table firearm transactions and gun show transactions. Plaintiffs may reply in no more than eight pages within seven days of the filing of Defendants brief. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (eva) TEXT ONLY ENTRY
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| Filing 24 MINUTES OF Order to Show Cause RE: Preliminary Injunction Hearing held before Judge James V. Selna: Cause called and counsel make their appearances. The Court states the areas under discussion for the hearing. Counsel make their arguments. The Court takes the matter under submission. A separate order to issue. Court Reporter: Sharon Seffens. (es) |
| Filing 23 Notice of Appearance or Withdrawal of Counsel: for attorney Christina Rae Burgart Lopez counsel for Defendants Robert Bonta, Gavin Newsom. Adding Christina R.B. Lopez as counsel of record for Gavin Newsom, in his official capacity as Governor of California; Rob Bonta, in his official capacity as Attorney General of California for the reason indicated in the G-123 Notice. Filed by Defendants Gavin Newsom, in his official capacity as Governor of California; Rob Bonta, in his official capacity as Attorney General of California. (Attorney Christina Rae Burgart Lopez added to party Robert Bonta(pty:dft), Attorney Christina Rae Burgart Lopez added to party Gavin Newsom(pty:dft))(Lopez, Christina) |
| Filing 22 REPLY in support EX PARTE APPLICATION for Temporary Restraining Order as to enjoin the implementation, enforcement, and effect of Senate Bill 1384 (Cal. Penal Code Section 26806) #11 filed by Plaintiffs California Rifle and Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen. (Dale, Joshua) |
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Filing 21
ORDER EXTENDING TIME TO RESPOND TO COMPLAINT, #19 by Judge James V. Selna. After full consideration, and good cause appearing, the Parties' request is GRANTED. Within twenty-eight days after the Court's order on Plaintiffs' request for preliminary injunctive relief, Defendants will respond to the Complaint. (es)
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| Filing 20 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to enjoin the implementation, enforcement, and effect of Senate Bill 1384 (Cal. Penal Code Section 26806) #11 filed by Defendants Robert Bonta, Gavin Newsom. (Attachments: #1 Request for Judicial Notice)(Grabarsky, Todd) |
| Filing 19 Joint STIPULATION for Extension of Time to File Answer to 28 days after ruling on request for preliminary injunction re Complaint (Attorney Civil Case Opening),,,,,, #1 filed by defendants Robert Bonta, Gavin Newsom. (Attachments: #1 Proposed Order)(Grabarsky, Todd) |
| Filing 18 NOTICE of Appearance filed by attorney Joshua R Dale on behalf of Plaintiffs California Rifle and Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen (Attorney Joshua R Dale added to party California Rifle and Pistol Association, Incorporated (pty:pla), Attorney Joshua R Dale added to party Gerald Clark(pty:pla), Attorney Joshua R Dale added to party Gaalswyk Enterprises, Inc.(pty:pla), Attorney Joshua R Dale added to party Gun Owners Foundation(pty:pla), Attorney Joshua R Dale added to party Gun Owners of America, Inc.(pty:pla), Attorney Joshua R Dale added to party Gun Owners of California, Inc.(pty:pla), Attorney Joshua R Dale added to party Jesse Harris(pty:pla), Attorney Joshua R Dale added to party On Target Indoor Shooting Range, LLC(pty:pla), Attorney Joshua R Dale added to party Adam Richards(pty:pla), Attorney Joshua R Dale added to party Jeffrey Vandermeulen(pty:pla))(Dale, Joshua) |
| Filing 17 CERTIFICATE OF SERVICE filed by Plaintiffs California Rifle and Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen, re Order on Motion for Temporary Restraining Order,,,, #15 served on 12/27/23. (Michel, Carl) |
| Filing 16 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA. (eva) |
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Filing 15
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER #11 by Judge James V. Selna: Denying #11 EX PARTE APPLICATION for TRO, it is ORDERED as follows: The Court denies the application for a temporary restraining order. 1. Defendants Gavin Newsom, in his official capacity as Governor of the State of California, Robert Bonta, in his official capacity as Attorney General of the State of California, must show cause before the Plaintiffs' application in Courtroom 10C, on January 16, 2024 at 9:00 am, of the Central District of California, why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining the Defendants during the pendency of this action from implementation and enforcement of SB 1384 (Ca Penal Code Section 26806) ; 2. Plaintiffs are ordered to serve on all Defendants a copy of this order and all supporting pleading documents by December 29, 2023. 3. Defendant's response is due January 8, 2024. Plaintiffs may file a reply no later than noon January 11, 2024. IT IS SO ORDERED. (es)
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| Filing 14 PROOF OF SERVICE Executed by Plaintiff Gaalswyk Enterprises, Inc., Gerald Clark, Gun Owners of California, Inc., Gun Owners Foundation, Jeffrey Vandermeulen, Gun Owners of America, Inc., Adam Richards, Jesse Harris, California Rifle and Pistol Association, Incorporated, On Target Indoor Shooting Range, LLC, upon Defendant Robert Bonta served on 12/22/2023, answer due 1/12/2024. Service of the Summons and Complaint were executed upon Adrian M., Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by personal service (Michel, Carl) |
| Filing 13 PROOF OF SERVICE Executed by Plaintiff Gaalswyk Enterprises, Inc., Gerald Clark, Gun Owners of California, Inc., Gun Owners Foundation, Jeffrey Vandermeulen, Gun Owners of America, Inc., Adam Richards, Jesse Harris, California Rifle and Pistol Association, Incorporated, On Target Indoor Shooting Range, LLC, upon Defendant Gavin Newsom served on 12/22/2023, answer due 1/12/2024. Service of the Summons and Complaint were executed upon E. Maldonado, Person Authorized to Accept Service in compliance with Federal Rules of Civil Procedure by personal service (Michel, Carl) |
| Filing 12 OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to enjoin the implementation, enforcement, and effect of Senate Bill 1384 (Cal. Penal Code Section 26806) #11 filed by Defendants Robert Bonta, Gavin Newsom. (Attorney Todd Grabarsky added to party Robert Bonta(pty:dft), Attorney Todd Grabarsky added to party Gavin Newsom(pty:dft))(Grabarsky, Todd) |
| Filing 11 EX PARTE APPLICATION for Temporary Restraining Order as to enjoin the implementation, enforcement, and effect of Senate Bill 1384 (Cal. Penal Code Section 26806) filed by Plaintiffs California Rifle and Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of Tiffany D. Cheuvront, #3 Declaration of Adam Richards, #4 Declaration of Alan Gottlieb, #5 Declaration of Erich Pratt, #6 Declaration of Gerald Clark, #7 Declaration of Gregg Bouslog, #8 Declaration of Jeffrey Vandermeulen, #9 Declaration of Jesse Harris, #10 Declaration of Richard Minnich, #11 Declaration of Robert Gaalswyk, #12 Declaration of Samuel Paredes, #13 Proposed Order) (Michel, Carl) |
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Filing 10
MINUTES [IN CHAMBERS] Order Regarding Motion for TemporaryRestraining Order #5 by Judge James V. Selna: TheMotion is DENIED without prejudice for failure to comply with Local Rule 7-19.1. Denying #5 MOTION for TRO. [SEE DOCUMENT FOR FURTHER INFORMATION.] (es)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Robert Bonta, Gavin Newsom. (ghap) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (ghap) |
| Filing 5 NOTICE OF MOTION AND MOTION for Temporary Restraining Order as to enjoin the implementation, enforcement, and effect of SB 1384 (Cal. Penal Code Section 26806) filed by Plaintiffs California Rifle & Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Adam Richards, #3 Declaration of Alan Gottlieb, #4 Declaration of Erich Pratt, #5 Declaration of Gerald Clark, #6 Declaration of Gregg Bouslog, #7 Declaration of Jeffrey Vandermeulen, #8 Declaration of Jesse Harris, #9 Declaration of Richard Minnich, #10 Declaration of Robert Gaalswyk, #11 Declaration of Samuel Paredes, #12 Proposed Order) (Michel, Carl) |
| Filing 4 NOTICE of Interested Parties filed by Plaintiffs California Rifle & Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen, (Michel, Carl) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),,,,,, #1 filed by Plaintiffs California Rifle & Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen. (Michel, Carl) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiffs California Rifle & Pistol Association, Incorporated, Gerald Clark, Gaalswyk Enterprises, Inc., Gun Owners Foundation, Gun Owners of America, Inc., Gun Owners of California, Inc., Jesse Harris, On Target Indoor Shooting Range, LLC, Adam Richards, Jeffrey Vandermeulen. (Michel, Carl) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36604796 - Fee: $405, filed by Plaintiffs Gaalswyk Enterprises, Inc., Gerald Clark, Gun Owners of California, Inc., Gun Owners Foundation, Jeffrey Vandermeulen, Gun Owners of America, Inc., Adam Richards, Jesse Harris, California Rifle & Pistol Association, Incorporated, On Target Indoor Shooting Range, LLC. (Attachments: #1 Exhibit 1, #2 Declaration of Adam Richards, #3 Declaration of Jeffrey Vandermeulen, #4 Declaration of Gerald Clark, #5 Declaration of Jesse Harris, #6 Declaration of Gregg Bouslog, #7 Declaration of Robert Gaalswyk, #8 Declaration of Samuel Paredes, #9 Declaration of Richard Minnich, #10 Declaration of Erich Pratt, #11 Declaration of Alan Gottlieb) (Attorney Carl Dawson Michel added to party California Rifle & Pistol Association, Incorporated(pty:pla), Attorney Carl Dawson Michel added to party Gerald Clark(pty:pla), Attorney Carl Dawson Michel added to party Gaalswyk Enterprises, Inc.(pty:pla), Attorney Carl Dawson Michel added to party Gun Owners Foundation(pty:pla), Attorney Carl Dawson Michel added to party Gun Owners of America, Inc.(pty:pla), Attorney Carl Dawson Michel added to party Gun Owners of California, Inc.(pty:pla), Attorney Carl Dawson Michel added to party Jesse Harris(pty:pla), Attorney Carl Dawson Michel added to party On Target Indoor Shooting Range, LLC(pty:pla), Attorney Carl Dawson Michel added to party Adam Richards(pty:pla), Attorney Carl Dawson Michel added to party Jeffrey Vandermeulen(pty:pla))(Michel, Carl) |
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