Roe #1 et al v. United States et al
Plaintiff: 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
Defendant: 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
Case Number: 1:2019cv00270
Filed: February 25, 2019
Court: US District Court for the Eastern District of California
Presiding Judge: Dale A Drozd
Referring Judge: Barbara A McAuliffe
Nature of Suit: Civil Rights: Other
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 23, 2020 Opinion or Order 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).
April 22, 2020 Opinion or Order 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)
April 16, 2020 Filing 38 REQUEST for Joinder in Federal Defendants' Motion to Dismiss Plaintiffs' Tenth Amendment Claim by Xavier Becerra. (Richards, Nelson)
April 14, 2020 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)
March 31, 2020 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)
March 26, 2020 Opinion or Order 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)
March 25, 2020 Filing 34 STATEMENT of NON-OPPOSITION by Xavier Becerra to #33 Motion to Amend the Complaint/Petition,. (Richards, Nelson)
March 16, 2020 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)
February 25, 2020 Opinion or Order 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)
February 25, 2020 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)
February 20, 2020 Opinion or Order 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)
February 4, 2020 Filing 29 STANDING ORDER in Light of Judicial Emergency in the Eastern District of California (Lundstrom, T)
January 21, 2020 Opinion or Order 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)
January 17, 2020 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)
January 8, 2020 Opinion or Order 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)
November 22, 2019 Opinion or Order 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)
November 20, 2019 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)
November 12, 2019 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)
October 15, 2019 Opinion or Order 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)
October 4, 2019 Opinion or Order Filing 21 STIPULATED PROTECTIVE ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 10/4/2019. (Martin-Gill, S)
October 3, 2019 Opinion or Order 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.)
October 1, 2019 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)
September 30, 2019 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)
September 30, 2019 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)
September 30, 2019 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)
August 1, 2019 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)
July 25, 2019 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)
July 10, 2019 Opinion or Order 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)
July 8, 2019 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)
June 20, 2019 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)
May 20, 2019 Opinion or Order 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)
May 16, 2019 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)
May 1, 2019 Filing 8 ANSWER by Xavier Becerra.(Richards, Nelson)
April 3, 2019 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)
February 28, 2019 Opinion or Order 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)
February 27, 2019 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)
February 27, 2019 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)
February 27, 2019 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)
February 25, 2019 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)
February 25, 2019 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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Search for this case: Roe #1 et al v. United States et al
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Defendant: Bureau of A.T.F. & E
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Defendant: United States
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Defendant: United States Department of Justice
Represented By: James Bickford, GOVT
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Defendant: Xavier Becerra
Represented By: Nelson Ryan Richards
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Defendant: Christopher Wray
Represented By: James Bickford, GOVT
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Defendant: William Barr
Represented By: James Bickford, GOVT
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Defendant: Federal Bureau of Investigation
Represented By: James Bickford, GOVT
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Defendant: Thomas Brandon
Represented By: James Bickford, GOVT
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Defendant: United States of America
Represented By: James Bickford, GOVT
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Defendant: Bureau of Alcohol, Tobacco, Firearms and Explosives
Represented By: James Bickford, GOVT
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Plaintiff: John Doe #5
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: Jane Roe #1
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: John Doe #4
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: John Doe #6
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: John Doe #2
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: Jane Roe #2
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: Second Amendment Foundation
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: John Doe #1
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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Plaintiff: John Doe #3
Represented By: Jessica Lee Danielski
Represented By: Donald E. J. Kilmer, Jr.
Represented By: Jason Andrew Davis
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