Roe #1 et al v. United States et al
John Doe #5, Jane Roe #1, John Doe #4, John Doe #6, John Doe #2, Jane Roe #2, Second Amendment Foundation, John Doe #1 and John Doe #3 |
Bureau of A.T.F. & E, United States, United States Department of Justice, Xavier Becerra, Christopher Wray, William Barr, Federal Bureau of Investigation, Thomas Brandon, United States of America and Bureau of Alcohol, Tobacco, Firearms and Explosives |
1:2019cv00270 |
February 25, 2019 |
US District Court for the Eastern District of California |
Ana de Alba |
Dale A Drozd |
Barbara A McAuliffe |
Civil Rights: Other |
28 U.S.C. § 1331 Federal Question: Other Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.
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Filing 117 NOTICE of Withdrawal of Attorney Martin M. Tomlinson by William Barr, Xavier Becerra, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. (Tomlinson, Martin) |
Filing 116 MEMORANDUM by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane Roe #1, Second Amendment Foundation re #114 Memorandum filed by Jane Roe #1, John Doe #4, John Doe #1, John Doe #5, John Doe #2, Second Amendment Foundation, John Doe #3. (Kilmer, Donald) |
Filing 115 MEMORANDUM by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray in SUPPORT of #82 Motion for Summary Judgment,. (Bickford, James) |
Filing 114 MEMORANDUM by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane Roe #1, Second Amendment Foundation. (Kilmer, Donald) |
Filing 113 MEMORANDUM by Xavier Becerra re 112 Minute Order,,,,. (Yen, Jerry) |
Filing 112 MINUTE ORDER signed by District Judge Ana de Alba on 2/15/2023: (Text Only Entry) The parties appear to assume that commitments under Cal. Welf. & Inst. Code 5250 qualify as "commitments" for purposes of 18 U.S.C. 922(g)(4). During the pendency of this action, however, a court in California's Northern District issued Stokes v. U.S. Dep't of Justice, 551 F. Supp. 3d 993 (N.D. Cal. 2021). That order addressed the same statutory scheme at issue in this case and determined that a commitment under section 5250 does not constitute a "commitment" under federal law. The district court based its reasoning on language in both United States v. Rehlander, 666 F.3d 45 (1st Cir. 2012) and Mai v. United States, 952 F.3d 1106 (9th Cir. 2020). The Court requests simultaneous supplemental briefing of no more than ten (10) pages on why the reasoning in Stokes should or should not control the outcome in this case. The parties shall file their briefs no later than March 17, 2023.(Hernandez, M) |
Filing 111 MINUTE ORDER (Text Only): The Court has reviewed the parties' joint status report. (Doc. #110 .) Since both parties are not requesting a settlement conference, a settlement conference will not be set at this time. If the parties determine at a later date that a settlement conference would be fruitful, the parties may contact Courtroom Deputy Esther Valdez at evaldez@caed.uscourts.gov to schedule a settlement conference. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2022. (Valdez, E) |
Filing 110 JOINT STATUS REPORT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane Roe #1, Second Amendment Foundation. (Kilmer, Donald) |
Filing 109 SUPPLEMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane Roe #1, Second Amendment Foundation. (Kilmer, Donald) |
Filing 108 RESPONSE by Xavier Becerra to 104 Minute Order, #81 Motion for Summary Judgment, 102 Minute Order,,,. (Yen, Jerry) |
Filing 107 SUPPLEMENTAL BRIEF as to impact of Bruen decision on issues before the Court filed by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. (Tomlinson, Martin) |
Filing 106 MINUTE ORDER signed by District Judge Ana de Alba on 8/31/2022: (Text Only Entry) This matter is set for hearing before District Judge de Alba. The parties are ordered to submit a joint status report, not to exceed five pages, within 10 court days, that addresses the following: What is the procedural history of the case? Is the motion presently before the court still at issue for the parties? Have the parties engaged in settlement negotiations whether formally or informally? If so, when? Would the parties benefit from a mandatory settlement conference before a Magistrate Judge? Would the parties benefit from a status conference with Judge de Alba? The parties are further advised that due to the judicial resource emergency and COVID pandemic, there are more than 130 motions currently under submission in Judge de Alba's recently re-assigned caseload. The Court understands the impact that such a backlog has on the parties and although the Court will continue working diligently to resolve all pending motions, it may still be months before the parties' pending motion is resolved. As such, in light of having the heaviest district court caseload in the nation, limited Court resources, and the need to prioritize criminal and older civil matters over more recently filed actions, this Court strongly encourages the parties to consent to conduct all further proceedings before a U.S. Magistrate Judge. (Hernandez, M) |
Filing 105 ORDER REASSIGNING CASE by Chief Judge Kimberly J. Mueller: Due to the appointment of *District Judge Ana de Alba* to the bench of the Eastern District of California, this action is reassigned from *District Judge Dale A. Drozd* to District Judge Ana de Alba for all further proceedings. (Marrujo, C) |
Filing 104 MINUTE ORDER signed by District Judge Dale A. Drozd on 8/23/2022: (Text Only Entry) On August 23, 2022, the federal defendants in this action submitted an unopposed #103 motion seeking an extension of time in which to file supplemental briefing in line with the court's previous 102 scheduling order. Good cause appearing, defendants' #103 motion is granted. The supplemental briefing for all parties in this case shall be filed on or before September 8, 2022.(Hernandez, M) |
Filing 103 MOTION for 9-DAY EXTENSION OF TIME to 9/8/2022 re 102 Minute Order,,, by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. Motion Hearing set for 9/6/2022 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order)(Tomlinson, Martin) |
Filing 102 MINUTE ORDER signed by District Judge Dale A. Drozd on 8/8/2022: (Text Only Entry) On August 8, 2022, the parties filed a joint #101 stipulation requesting that this court issue an order directing the parties to file supplemental briefing with respect to what impact, if any, the Supreme Court's recent decision in N.Y. State Rifle & Pistol Ass'n v. Bruen, __U.S.__, 142 S. Ct. 2111, 2022 WL 2251305 (U.S. June 23, 2022) may have on the pending motions #81 #82 #85 for summary judgment in this case. In light of the parties' #101 stipulation, the court orders that all parties shall file simultaneous briefs of not more than ten (10) pages, limited to addressing what impact the Bruen decision may have on the arguments presented in this case. The parties shall file their briefs by no later than August 30, 2022. (Hernandez, M) |
Filing 101 STIPULATION (Joint Motion) to Submit Supplemental Briefing by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 100 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Jerry Tongwei Yen for Xavier Becerra, attorney Nelson Ryan Richards terminated (Yen, Jerry) |
Filing 99 SUPPLEMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Jane Roe #1, Second Amendment Foundation. (Attachments: #1 Supplement Supplemental Authority: U.S. Supreme Court)(Kilmer, Donald) |
Filing 98 NOTICE of APPEARANCE by Martin M Tomlinson on behalf of William Barr, Xavier Becerra, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. Attorney Tomlinson, Martin M added. (Tomlinson, Martin) |
Filing 97 NOTICE of Supplemental Authority and Related Case by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation re #96 Reply. (Kilmer, Donald) |
Filing 96 REPLY by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation re #95 Opposition to Motion,. (Kilmer, Donald) |
Filing 95 OPPOSITION by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray to #87 Motion to Amend the Complaint/Petition,. (Bickford, James) |
Filing 94 REPLY by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation re #93 Opposition to Motion, #87 Motion to Amend the Complaint/Petition,. (Kilmer, Donald) |
Filing 93 OPPOSITION by Xavier Becerra to #87 Motion to Amend the Complaint/Petition,. (Hanley, Ryan) |
Filing 92 REPLY by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray re #82 Motion for Summary Judgment,. (Bickford, James) |
Filing 91 REPLY by Xavier Becerra re #81 Motion for Summary Judgment,. (Richards, Nelson) |
Filing 90 OPPOSITION by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation to #81 Motion for Summary Judgment, #63 Motion for Summary Judgment, #82 Motion for Summary Judgment, #76 Motion for Summary Judgment,. (Attachments: #1 Declaration of Counsel, #2 Response to CA Response to PSUF, #3 Response to Both Defendants Response to PSUF, #4 Response to CA SUF, #5 Response to US Govt SUF)(Kilmer, Donald) |
MINUTE ORDER #85 Document Entitled Motion for Summary Judgment is an Opposition document. Signed by District Judge Ana de Alba on 6/14/2021. (Hernandez, M) |
Filing 89 CLERK'S NOTICE of DOCKET CORRECTION to Attorney Donald Kilmer re #85 MOTION FOR SUMMARY JUDGMENT: Your filing is entitled Motion for Summary Judgment, however, the actual document attached is an Opposition. Please re-file your document using the correct event Opposition to Motion which can be found under Motion Related Documents. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Gonzalez, R) |
Filing 88 MINUTE ORDER signed by District Judge Dale A. Drozd on 6/9/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 87 MOTION to AMEND the #36 Amended Complaint by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. Motion Hearing set for 8/17/2021 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Exhibit A (Proposed SAC))(Kilmer, Donald) |
Filing 86 MINUTE ORDER signed by District Judge Dale A. Drozd on 6/2/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 85 MOTION FOR SUMMARY JUDGMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. Motion Hearing set for 8/17/2021 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Declaration of Counsel, #2 Response CA SUF (reply), #3 Response CA & FED SUF, #4 Response CA SUF, #5 Response Fed SUF)(Kilmer, Donald) |
Filing 84 MINUTE ORDER signed by District Judge Dale A. Drozd on 5/11/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 83 OPPOSITION by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray to #76 Motion for Summary Judgment, #63 Motion for Summary Judgment. (Attachments: #1 Response to Plaintiffs' Statement of Undisputed Facts)(Bickford, James) |
Filing 82 MOTION FOR SUMMARY JUDGMENT by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. Motion Hearing set for 8/17/2021 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Memorandum of Law, #2 Statement of Undisputed Facts)(Bickford, James) |
Filing 81 MOTION FOR SUMMARY JUDGMENT by Xavier Becerra. Motion Hearing set for 8/17/2021 at 09:30 AM before District Judge Dale A. Drozd. (Attachments: #1 Memorandum, #2 Statement, #3 Response, #4 Declaration, #5 Declaration)(Richards, Nelson) |
Filing 80 MINUE ORDER signed by District Judge Dale A. Drozd on 4/23/2021. On April 21, 2021, the parties filed a #79 stipulation to extend the briefing schedule for defendants' cross-motion for summary judgment, plaintiffs' opposition and reply, and defendants' reply. Pursuant to the stipulation, and good cause appearing, defendants shall have until May 10, 2021 to file their cross-motion for summary judgment. Plaintiffs shall file their opposition and reply no later than June 1, 2021, and defendants shall file their reply no later than June 22, 2021. The parties also filed a joint #57 motion for relief from page limits with regard to their summary judgment motions. Because plaintiffs filed their motion for summary judgment before the court ruled on the #57 motion for relief, that motion appears to be mooted. The court accordingly denies the #57 motion without prejudice to the parties to file a new stipulation clarifying which filings they want page extensions for. (Thorp, J) |
Filing 79 STIPULATION and PROPOSED ORDER for Extension of Summary Judgment Briefing Schedule by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Department of Justice, United States of America, Christopher Wray. (Bickford, James) |
Filing 78 MINUTE ORDER signed by District Judge Dale A. Drozd on 3/31/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 77 MINUTE ORDER (TEXT Only): On March 30, 2021, the parties stipulated that Plaintiff Jane Roe #2 be dismissed from this action with prejudice pursuant to Federal Rule of Civil Procedure 41. (Doc. No. #75 ). In light of the stipulated dismissal, Plaintiff Jane Roe #2's action only against all Defendants is terminated by operation of law without further order from the Court. R. Civ. P. 41(a)(1)(A)(ii). Jane Roe #2 is hereby DISMISSED from the action. The Clerk of the Court is directed to update the docket as necessary and not close this action. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 3/31/2021. (Valdez, E) |
Filing 76 MOTION FOR SUMMARY JUDGMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. Motion Hearing set for 8/17/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Kilmer, Donald) |
Filing 75 STIPULATION for Dismissal of Jane Roe #2 by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 74 ORDER GRANTING #37 Motion to Dismiss Tenth Amendment Claim signed by District Judge Dale A. Drozd on 03/23/2021. (Flores, E) |
Filing 73 MINUTE ORDER signed by District Judge Dale A. Drozd on 3/23/2021: (Text Only Entry) On March 22, 2021, plaintiffs filed a #63 motion for summary judgment without noticing it for a hearing. Thus, plaintiffs' motion does not comply with Local Rule 230(b), which states that "[t]he moving party shall file a notice of motion" and "[t]he matter shall be set for hearing on the motion calendar of the Judge or Magistrate Judge to whom the action has been assigned or before whom the motion is to be heard not less than twenty-eight (28) days after service and filing of the motion." Accordingly, plaintiffs are hereby directed to file a notice of motion, in compliance with Local Rule 230(b), Judge Drozd's standing order in civil cases [2-1], and this court's [2-2] standing order in light of the judicial emergency in this district. Plaintiffs are advised that the next available hearing dates for hearings before Judge Drozd are April 20, 2021, and May 4, 2021. (Thorp, J) |
Filing 72 DECLARATION of Donald Kilmer (Plaintiffs' Counsel) re #64 Statement,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit Ha, #9 Exhibit Hb, #10 Exhibit Hc, #11 Exhibit Hd)(Kilmer, Donald) |
Filing 71 DECLARATION of John Doe #5 re #64 Statement,. (Kilmer, Donald) |
Filing 70 DECLARATION of John Doe #4 re #64 Statement,. (Kilmer, Donald) |
Filing 69 DECLARATION of John Doe #3 re #64 Statement,. (Kilmer, Donald) |
Filing 68 DECLARATION of John Doe #2 re #64 Statement,. (Kilmer, Donald) |
Filing 67 DECLARATION of John Doe #1 re #64 Statement,. (Kilmer, Donald) |
Filing 66 DECLARATION of Jane Roe #1 re #64 Statement,. (Kilmer, Donald) |
Filing 65 DECLARATION of A. Gottlieb re #64 Statement,. (Kilmer, Donald) |
Filing 64 STATEMENT of Undisputed Facts (Plaintiffs) by Plaintiffs John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation re #63 Motion for Summary Judgment. (Kilmer, Donald) |
Filing 63 MOTION FOR SUMMARY JUDGMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 62 ORDER GRANTING #61 RENEWED STIPULATION TO MODIFY SUPPLMENTAL SCHEDULING ORDER. Plaintiffs' Motion for Summary Judgment: March 22, 2021; Defendants' Cross-Motion for Summary Judgment and Opposition: April 26, 2021; Plaintiffs' Opposition to Defendants' Cross-Motion and Reply: May 17, 2021; Defendants' Reply: Jun 7, 2021. Order signed by Magistrate Judge Barbara A. McAuliffe on 3/1/2021. (Apodaca, P) |
Filing 61 STIPULATION and PROPOSED ORDER for Revised Schedule re #60 Order on Motion to Continue by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 60 ORDER DENYING #58 Stipulation to Modify Supplemental Scheduling Order signed by Magistrate Judge Barbara A. McAuliffe on 02/25/2021. (Flores, E) |
Filing 59 MINUTE ORDER (TEXT Only): On February 23, 2021, the parties appearing in this action stipulated that Plaintiff John Doe #6's action against all Defendants be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41. (Doc. No. #74 ). In light of the stipulation, Plaintiff John Doe #6s action only against all Defendants is terminated by operation of law without further order from the Court. R. Civ. P. 41(a)(1)(A)(ii). John Doe #6 is hereby DISMISSED from the action. The Clerk of the Court is directed to update the docket as necessary and not close this action. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/24/2021. (Valdez, E) |
Filing 58 STIPULATION and PROPOSED ORDER for extending briefing schedule by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 57 MOTION Joint motion for relief from page limits in MSJ by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 56 STIPULATION of DISMISSAL of John Doe #6 by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 55 MINUTES (Text Only) for proceedings held via videoconference before Magistrate Judge Barbara A. McAuliffe on 2/1/2021: STATUS CONFERENCE - held. As reported in their joint status report (Doc. No. #54 ), the parties intend to file a stipulation to dismiss Plaintiff John Doe #6. In response to counsel's inquiry, the Court directed that any requests to exceed the page limits for briefing on motions for summary judgment or summary adjudication should be addressed to the district judge. The parties will address substitution of the proper defendant for the California Attorney General. No further status conference was requested or set. Counsel for Plaintiffs Jane Roe #1, Jane Roe #2, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, and Second Amendment Foundation: Donald Kilmer appeared by Zoom video conference - present. Counsel for Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, William Barr, Christopher Wray, and Thomas Brandon: James Bickford appeared by telephone - present. Counsel for Defendant Xavier Becerra: Ryan Handley appeared by Zoom video conference - present. Court Reporter/CD Number: off the record. (Valdez, E) |
Filing 54 JOINT STATUS REPORT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 53 SUPPLEMENTAL SCHEDULING ORDER signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2020. Status Conference set for 2/1/2021 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe.(Sant Agata, S) |
Filing 52 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 12/1/2020: TELEPHONIC STATUS CONFERENCE/SCHEDULING CONFERENCE - held. Order to follow. Counsel for Plaintiffs Jane Roe #1, Jane Roe #2, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, and Second Amendment Foundation: Donald Kilmer appeared by telephone - present. Counsel for Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, William Barr, Christopher Wray, and Thomas Brandon: James Bickford appeared by telephone - present. Counsel for Defendant Xavier Becerra: Ryan Handley appeared by telephone - present. Court Reporter/CD Number: off the record. (Valdez, E) |
Filing 51 NOTICE of APPEARANCE by Ryan Andrew Hanley on behalf of Xavier Becerra. Attorney Hanley, Ryan Andrew added. (Hanley, Ryan) |
Filing 50 JOINT STATUS REPORT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 49 MINUTE ORDER (Text Entry Only) ***TIME CHANGE*** Due to a conflict in the Court's schedule, the Telephonic Status Conference/Scheduling Conference set for 12/01/2020 at 9:00 AM before Magistrate Judge Barbara A. McAuliffe, will now be heard at 8:30 AM. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/23/2020: (Gonzales, V) |
Filing 48 PRELIMINARY SCHEDULING ORDER Regarding Non-Expert Discovery, signed by Magistrate Judge Barbara A. McAuliffe on 6/30/2020. Telephonic Status Conference/Scheduling Conference set for 12/1/2020 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Jessen, A) |
Filing 47 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 6/30/2020: TELEPHONIC STATUS CONFERENCE/SCHEDULING CONFERENCE held. Order to follow. Counsel for Plaintiffs Jane Roe #1, Jane Roe #2, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, and Second Amendment Foundation: Donald Kilmer appeared by telephone - present. Counsel for Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, William Barr, Christopher Wray, and Thomas Brandon: James Bickford appeared by telephone - present. Counsel for Defendant Xavier Becerra: Nelson Richards - DID NOT APPEAR, appearance waived. Court Reporter/CD Number: off the record. (Valdez, E) |
Filing 46 JOINT STATUS REPORT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 45 MINUTE ORDER (TEXT Only): On May 13, 2020, the Court held a telephonic status conference. The Court and parties discussed the status of this action, including the pending motion to dismiss and anticipated discovery. As directed at the conference, the parties SHALL meet and confer to discuss potential scheduling of this matter and any needed discovery. The Court sets a TELEPHONIC STATUS CONFERENCE/SCHEDULING CONFERENCE on June 30, 2020, at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. At least one (1) week prior to the conference, the parties SHALL file a JOINT report with either proposed dates for scheduling or a statement regarding the status of this matter, including scheduling and discovery. The parties shall appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 5/14/2020. (Valdez, E) |
Filing 44 MINUTES (Text Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 5/13/2020: FURTHER TELEPHONIC STATUS CONFERENCE - held. Order to follow. Plaintiffs' Counsel Donald Kilmer appeared by telephone - present. Federal Defendants' Counsel James Bickford appeared by telephone - present. Defendant Xavier Becerras Counsel Nelson Richards appeared by telephone - present. Court Reporter/CD Number: off the record. (Valdez, E) |
Filing 43 REPLY by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray re #37 Motion to Dismiss,. (Bickford, James) |
Filing 42 REQUEST for JUDICIAL NOTICE by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation in re #41 Opposition to Motion,. (Attachments: #1 Exhibit A NICS POC List, #2 Exhibit B NICS POC Map, #3 Exhibit C NICS Audit 2011 CA DOJ)(Kilmer, Donald) |
Filing 41 OPPOSITION by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation to #37 Motion to Dismiss,. (Attachments: #1 Exhibit Pub Law 110-180)(Kilmer, Donald) |
Filing 40 MINUTE ORDER (TEXT ONLY): In light of the restrictions on entering the Courthouse, and General Orders 610 through 612 and 617, the parties are ordered to appear telephonically at the STATUS CONFERENCE currently set for Wednesday, May 13, 2020 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Parties may appear telephonically by using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 4/23/2020. (Valdez, E) Modified (Time Only) on 4/24/2020 (Valdez, E). |
Filing 39 MINUTE ORDER: (TEXT ONLY) signed by District Judge Dale A. Drozd on 4/22/2020. The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) |
Filing 38 REQUEST for Joinder in Federal Defendants' Motion to Dismiss Plaintiffs' Tenth Amendment Claim by Xavier Becerra. (Richards, Nelson) |
Filing 37 MOTION to DISMISS by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. Motion Hearing set for 5/19/2020 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Bickford, James) |
Filing 36 FIRST AMENDED COMPLAINT against All Defendants by Second Amendment Foundation, John Doe #4, John Doe #3, Jane Roe #1, John Doe #2, John Doe #6, John Doe #5, John Doe #1, Jane Roe #2.(Kilmer, Donald) |
Filing 35 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 3/26/2020. For good cause shown, plaintiffs' unopposed #34 motion for leave to file a first amended complaint #33 is GRANTED pursuant to Fed. R. Civ. P. 15. (Thorp, J) |
Filing 34 STATEMENT of NON-OPPOSITION by Xavier Becerra to #33 Motion to Amend the Complaint/Petition,. (Richards, Nelson) |
Filing 33 MOTION to AMEND the #1 Complaint, by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Attachments: #1 Exhibit A - Proposed FAC)(Kilmer, Donald) |
Filing 32 MINUTE ORDER (TEXT Only): This Court held a STATUS CONFERENCE on February 25, 2020. The parties discussed the status of this action with the Court and Plaintiffs' counsel confirmed that he received initial disclosures from Defendants. The parties have also received the Order Granting Plaintiffs' Unopposed Motion to Proceed Pseudonymously (Doc. #30 ) and the Standing Order in Light of Ongoing Judicial Emergency in the Eastern District of California (Doc. #29 ). Discovery is open and the parties indicated that they are meeting and conferring to determine whether they may stipulate to any facts in order to streamline discovery and motion practice. Following a discussion regarding Plaintiffs' intent to amend the complaint, the parties agreed to a deadline and briefing schedule for amendment of the pleadings. Accordingly, any stipulated amendments or motions to amend the pleadings shall be filed by March 16, 2020, and set before District Judge Dale A. Drozd. Any opposition to a motion to amend the pleadings shall be filed by April 6, 2020, and any reply shall be filed by April 13, 2020. The matter will then be deemed submitted upon the record and briefs pursuant to Local Rule 230(g). (See Doc. #29 .) The Court SETS a FURTHER STATUS CONFERENCE for May 13, 2020 at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to discuss the status of this action, including the status of amendment of the complaint, and to determine whether a scheduling conference may be reset. The parties may appear telephonically at the status conference using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/25/2020. (Valdez, E) |
Filing 31 MINUTES (TEXT Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 2/25/2020: STATUS CONFERENCE held. Order to follow. Counsel for Plaintiffs Jane Roe #1, Jane Roe #2, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, and Second Amendment Foundation: Donald Kilmer appeared by telephone - present. Counsel for Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, William Barr, Christopher Wray, and Thomas Brandon: James Bickford appeared by telephone - present. Counsel for Defendant Xavier Becerra: Nelson Richards appeared by telephone present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E) |
Filing 30 ORDER GRANTING Plaintiffs' #16 Unopposed Motion to proceed Pseudonymously, signed by District Judge Dale A. Drozd on 2/19/2020. (Martin-Gill, S) |
Filing 29 STANDING ORDER in Light of Judicial Emergency in the Eastern District of California (Lundstrom, T) |
Filing 28 STIPULATION and ORDER to Re-Calendar Status Conference, signed by Magistrate Judge Barbara A. McAuliffe on 1/21/2020. Pursuant to the parties' stipulation, and cause appearing, the Status Conference currently set for January 22, 2020, is HEREBY CONTINUED to February 25, 2020, at 9:00 AM in Courtroom 8 (BAM) before the undersigned. The parties are encouraged to appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3219139. (Valdez, E) |
Filing 27 STIPULATION re: Continuance by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 26 MINUTE ORDER (TEXT Only): The parties are hereby notified that the dial-in number and passcode for telephonic appearances before Magistrate Judge Barbara A. McAuliffe has been updated as follows: dial-in number 1-877-411-9748; passcode 3219139. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 1/8/2020. (Valdez, E) |
Filing 25 MINUTE ORDER (TEXT Only): This Court held a STATUS CONFERENCE on November 20, 2019. As discussed at the conference, discovery is open in this action. The parties represented that they intend to discuss a stipulation to amend the complaint and a stipulation to allow Plaintiffs to proceed pseudonymously. Defendants agreed to provide initial disclosures pursuant to Federal Rule of Civil Procedure 26 and Plaintiffs represented that their initial disclosures have already been provided. The Court SETS a FURTHER STATUS CONFERENCE for January 22, 2020 at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to discuss the status of this action, including the status of amendment of the complaint, Plaintiffs' request to proceed pseudonymously, and Defendants' initial disclosures. The parties may appear telephonically at the status conference using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 11/22/2019. (Valdez, E) |
Filing 24 MINUTES (TEXT Only) for proceedings before Magistrate Judge Barbara A. McAuliffe on 11/20/2019: STATUS CONFERENCE held. Order to follow. Counsel for Plaintiffs Jane Roe #1, Jane Roe #2, John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, and Second Amendment Foundation: Donald Kilmer appeared by telephone - present. Counsel for Defendants United States of America, United States Department of Justice, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, William Barr, Christopher Wray, and Thomas Brandon: James Bickford appeared by telephone - present. Counsel for Defendant Xavier Becerra: Nelson Richards appeared by telephone present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E) |
Filing 23 SUPPLEMENT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 22 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 10/15/2019. Pursuant to Local Rule 230(g), the court deems the pending #16 motion to proceed under pseudonyms suitable for decision without a hearing. Accordingly, the November 5, 2019 hearing on the motion is hereby VACATED, the motion is taken under submission, and a written order will issue as soon as possible. (Thorp, J) |
Filing 21 STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 10/4/2019. (Martin-Gill, S) |
Filing 20 MINUTE ORDER: (TEXT Only) Due to the current status of the case and in light of the Plaintiffs' status report filed on October 1, 2019 (Doc. #19 ), the STATUS CONFERENCE is continued from 10/7/2019 to November 20, 2019, at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. The parties are encouraged to appear telephonically and may do so with each party using the following dial-in number and access code:dial-in number 1-877-411-9748; access code 3190866. Minute Order signed by Magistrate Judge Barbara A. McAuliffe on 10/3/2019. (Rosales, O.) |
Filing 19 STATEMENT of Plaintiffs (Supplemental) Scheduling Report by Plaintiffs John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 18 STIPULATION and PROPOSED ORDER for Protective Order by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 17 PROPOSED ORDER re plaintiffs to proceed under pseudonyms re #16 MOTION unopposed motion allowing plaintiffs proceed under pseudonyms by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 16 MOTION unopposed motion allowing plaintiffs proceed under pseudonyms by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. Motion Hearing set for 11/5/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Kilmer, Donald) |
Filing 15 MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 7/2/2019: INITIAL SCHEDULING CONFERENCE NOT HELD. Following a brief discussion regarding the status of this action, the Court sets a STATUS CONFERENCE for October 7, 2019, at 9:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe to address the status of amendment of the complaint and submission of a proposed protective order. The parties may appear at the conference by telephone with each party using the following dial-in number and access code: dial-in number 1-877-411-9748; access code 3190866. Plaintiffs' Counsel Donald Kilmer appeared by telephone - present. Defendants' Counsel James Bickford and Nelson Richards appeared by telephone - present. Court Reporter/CD Number: in chambers, off the record. (Valdez, E) |
Filing 14 JOINT SCHEDULING REPORT by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 13 MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 7/10/2019. Defendants' unopposed motion for an extension of time to file an answer (Doc. No. #11 ) is denied as moot. The court deems the answer filed on July 8, 2019 (Doc. No. 12) to be timely filed. The 8/6/2019 hearing is VACATED. (Thorp, J) |
Filing 12 ANSWER by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray.(Bickford, James) |
Filing 11 MOTION for EXTENSION of TIME to FILE ANSWER re #1 Complaint, (Motion Unopposed) by William Barr, Thomas Brandon, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, United States Department of Justice, United States of America, Christopher Wray. Attorney Bickford, James added. Motion Hearing set for 8/6/2019 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: #1 Proposed Order)(Bickford, James) |
Filing 10 JOINT MOTION and ORDER to Re-Calendar Scheduling Conference from June 4, 2019 to August 1, 2019,signed by Magistrate Judge Barbara A. McAuliffe on 5/17/19. (Scheduling Conference set for 8/1/2019 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe) (Martin-Gill, S) |
Filing 9 STIPULATION and PROPOSED ORDER for Continuance of Status Conference by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 8 ANSWER by Xavier Becerra.(Richards, Nelson) |
Filing 7 STIPULATION to Extend Time to Respond to Complaint by Not MOre than 28 Days (L.R. 144(a)) by Xavier Becerra. Attorney Richards, Nelson Ryan added. (Richards, Nelson) |
Filing 6 MINUTE ORDER: (TEXT Only) Parties wishing to appear telephonically at the Scheduling Conference currently set for Tuesday, June 4, 2019 at 8:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe may do so with each party using the following dial-in number and passcode: dial-in number 1-877-411-9748; passcode 3190866. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 2/28/2019. (Valdez, E) |
Filing 5 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/4/2019 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Standing Order, #2 Consent Form, #3 VDRP) (Marrujo, C) |
Filing 4 SUMMONS ISSUED as to *Bureau of A.T.F. & E, Federal Bureau of Investigation, United States, United States Department of Justice* with answer to complaint due within *60* days. Attorney *Donald E. J. Kilmer, Jr.* *Law Offices of Donald Kilmer, APC* *1645 Willow Street, Suite 150* *San Jose, CA 95125*. (Marrujo, C) |
Filing 3 SUMMONS ISSUED as to *William Barr, Xavier Becerra, Thomas Brandon, Christopher Wray* with answer to complaint due within *60* days. Attorney *Donald E. J. Kilmer, Jr.* *Law Offices of Donald Kilmer, APC* *1645 Willow Street, Suite 150* *San Jose, CA 95125*. (Marrujo, C) |
Filing 2 NOTICE of RELATED CASE 1:11-cv-02137 by John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, John Doe #6, Jane Roe #1, Jane Roe #2, Second Amendment Foundation. (Kilmer, Donald) |
Filing 1 COMPLAINT against All Defendants by Second Amendment Foundation, John Doe #4, John Doe #3, Jane Roe #1, John Doe #2, John Doe #6, John Doe #5, John Doe #1, Jane Roe #2. (Filing fee $ 400, receipt number 0972-8128429) (Attachments: #1 Civil Cover Sheet, #2 Notice Related Case)(Kilmer, Donald) |
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