Tracy Rifle and Pistol LLC, et al. v. Harris, et al.
Robert Adams, Michael Baryla, Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC, Imbert & Smithers, Inc. and Alex Rolsky |
Kamala D. Harris and Stephen J. Lindley |
2:2014cv02626 |
November 10, 2014 |
U.S. District Court for the Eastern District of California |
Sacramento Office |
San Joaquin |
Deborah Barnes |
Troy L Nunley |
Civil Rights: Other |
42 U.S.C. § 1983 |
None |
Docket Report
This docket was last retrieved on March 8, 2019. A more recent docket listing may be available from PACER.
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Filing 76 STIPULATION and PROPOSED ORDER for Plaintiffs' Attorney's Fees by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Proposed Order)(Richards, Nelson) |
Filing 75 NOTICE of CHANGE of ADDRESS by Nelson Ryan Richards. (Richards, Nelson) |
Filing 74 JOINT STATUS REPORT and REQUEST for EXTENSION of TIME by Robert Adams, et al. (Attachments: #1 Proposed Order)(Benbrook, Bradley) Modified on 3/4/2019 (Huang, H). |
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Filing 72 STIPULATION and PROPOSED ORDER for Extension of Time for Plaintiffs to File Motion for Attorney Fees by plaintiffs. (Attachments: #1 Proposed Order)(Benbrook, Bradley) Modified on 12/28/2018 (Benson, A.). |
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Filing 70 STIPULATION and PROPOSED ORDER for second extension of time to file a motion for attorney's fees by Plaintiffs by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Proposed Order, #2 Proof of Service)(Richards, Nelson) |
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Filing 68 STIPULATION and PROPOSED ORDER for extension of time to file a motion for attorney's fees by Plaintiff's. (Attachments: #1 Proposed Order, #2 E-Service Notice)(Benbrook, Bradley) Modified on 10/2/2018 (Reader, L). |
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Filing 65 NOTICE of New Authority by Kamala D. Harris, Stephen J. Lindley re #64 Supplement. (Richards, Nelson) |
Filing 64 NOTICE of new authority by Plaintiffs re #51 Motion for Summary Judgment. (Attachments: #1 Exhibit)(Benbrook, Bradley) Modified on 1/17/2018 (Zignago, K.). |
Filing 63 NOTICE of New Authority by All Plaintiffs. (Benbrook, Bradley) |
Filing 62 NOTICE of New Authority by Kamala D. Harris, Stephen J. Lindley #51 and #52 Motions for Summary Judgment. (Attachments: #1 Exhibit A)(Richards, Nelson) Modified on 6/16/2017 (Zignago, K.). |
Filing 61 NOTICE of CHANGE of ADDRESS by Bradley A. Benbrook. (Attachments: #1 E-Service Notice)(Benbrook, Bradley) |
Filing 60 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 5/10/2017: In light of the pending Cross-Motions for Summary Judgment (ECF Nos. #51 and #52 ), the Final Pretrial Conference set for 6/1/2017 and the Trial set for 9/5/2017 are hereby VACATED. The Court will reset the dates, if necessary, after it issues a ruling on the motions. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 59 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/16/2017: On the Court's own motion, the Cross-Motions for Summary Judgment (ECF Nos. #51 and #52 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 2/23/2017 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 58 REPLY by Kamala D. Harris, Stephen J. Lindley re #55 Opposition to Motion, #52 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Declaration)(Richards, Nelson) |
Filing 57 REPLY by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC re #51 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit, #2 E-Service Notice)(Benbrook, Bradley) |
Filing 56 OPPOSITION by Kamala D. Harris, Stephen J. Lindley to #51 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Response to Plaintiffs' Statement of Undisputed Facts)(Richards, Nelson) |
Filing 55 OPPOSITION by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC to #52 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit, #2 Response, #3 E-Service Notice)(Benbrook, Bradley) |
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Filing 53 STIPULATION and PROPOSED ORDER for Modification of Pretrial Scheduling Order by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Proposed Order)(Richards, Nelson) |
Filing 52 MOTION for SUMMARY JUDGMENT by Kamala D. Harris, Stephen J. Lindley. Motion Hearing set for 1/12/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Defendants' Statement of Undisputed Facts, #2 Notice of Legislative Facts, #3 Exhibit 1 - Intentionally Omitted, #4 Exhibit 2 - Proceedings of 34th Annual Meeting of National Conference of Commissioners on Uniform State Laws, 47 Ann. Rep. A.B.A. 522 (1924), #5 Exhibit 3 - Handbook of National Conference of Commissioners on Uniform State Laws (1924), #6 Exhibit 4 - 1923 Cal. Stat. ch. 339, # 5 Exhibit 5 - Charles V. Imlay, The Uniform Firearms Act, 12 A.B.A. J. 767 (1926), #7 Exhibit 5 - Charles V. Imlay, The Uniform Firearms Act, 12 A.B.A. J. 767 (1926), #8 Exhibit 6 - New Firearms Law Effective on August 7, S.F. Chron., 7/15/1923, #9 Exhibit 7 -Intentionally Omitted, #10 Exhibit 8 - Committee on Law Enforcement's for a Better Enforcement of the Law, 8 A.B.A. J. 588 (1922), #11 Exhibit 9 - Report of the California Crime Commission (1929), #12 Exhibit 10 - Report of the Standing Committee on Uniform State Laws, Report of 49th Annual Meeting of the American Bar Association (1926), #13 Exhibit 11 - Kamala D. Harris, Attorney General, Homicide in California, 2013 (2013), #14 Exhibit 12 - Kamala D. Harris, Attorney General, 2013 Firearms Used in the Commission of Crimes (2013), #15 Exhibit 13 - Bureau of Justice Statistics, U.S. Department of Justice, Firearm Violence, 1993-2011 (2013), #16 Exhibit 14 - California Department of Public Health's California Violent Death Reporting System User-Generated Report, Suicides 2005-2009, #17 Exhibit 15 - John Henry Sloan et al., Handgun Regulations, Crime, Assaults, and Homicide A Tale of Two Cities, 318 New Eng. J. Med. 913 (1988), #18 Exhibit 16 - Michael Siegel et al., The Relationship Between Gun Ownership and Firearm Homicide Rates in the United States, 1981-2010, 103 Am. J. Pub. Health 2098 (2013), #19 Exhibit 17 - Peter Cummings et al., The Association Between the Purchase of a Handgun and Homicide or Suicide, 87 Am. J. Pub. Health 974 (1997), #20 Exhibit 18 - Garen J. Wintemute et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999), #21 Exhibit 19 - K.M. Grassel et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999))(Richards, Nelson) Modified on 12/7/2016 (Kastilahn, A). |
Filing 51 MOTION for SUMMARY JUDGMENT by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc.. Motion Hearing set for 1/12/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: #1 Memorandum of Points and Authorities , #2 Statement of Undisputed Facts, #3 Dec of Alex Rolsky, #4 Compendium of Evidence , #5 Certificate of Service)(Benbrook, Bradley) Modified on 12/7/2016 (Kastilahn, A). |
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Filing 49 STIPULATION AND PROPOSED ORDER modifying the Pretrial Scheduling Order by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Proposed Order) (Richards, Nelson) Modified on 9/16/2016 (Michel, G.). |
Filing 48 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 9/15/2016: The parties' Joint Request to Modify the Pretrial Scheduling Order (ECF No. #47 ) is hereby DENIED without prejudice. Should the parties desire to refile such request, the parties are directed to submit a proposal in which all of the current pretrial dates, including the trial date, are amended in compliance with the Court's Pretrial Scheduling Order, thus affording the Court adequate time between the applicable deadlines. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 47 JOINT REQUEST TO MODIFY the Pretrial Scheduling Order by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: #1 E-Service Notice) (Benbrook, Bradley) Modified on 9/15/2016 (Michel, G.). |
Filing 46 DISCLOSURE OF EXPERT WITNESSES by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: #1 Proof of Service) (Benbrook, Bradley) Modified on 8/16/2016 (Michel, G.). |
Filing 45 EXPERT WITNESS REPORT of Professor Gary Kleck by Plaintiffs. (Attachments: #1 Exhibit, #2 E-Service Notice)(Benbrook, Bradley) Modified on 8/15/2016 (Donati, J). |
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Filing 43 DESIGNATION/DISCLOSURE of EXPERT WITNESS by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Expert Witness Report of Professor Gregory T. Gundlach, #2 Expert Witness Report of Professor J. John Mann)(Richards, Nelson) |
Filing 42 MANDATE of USCA for #33 Notice of Appeal filed by plaintiffs. The #39 Judgment of the 9th Circuit, entered 2/23/2016, takes effect this date. (Marciel, M) |
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Filing 40 REQUEST for Modification of the Pretrial Scheduling Order by Kamala D. Harris, Stephen J. Lindley. (Attachments: #1 Proposed Order)(Richards, Nelson) |
Filing 39 USCA MEMORANDUM as to #33 Notice of Appeal, ORDERING that the decision of the District Court is AFFIRMED. (Kastilahn, A) |
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Filing 36 USCA CASE NUMBER 15-16501 for #33 Notice of Appeal, filed by PRK Arms, Inc., Ten Percent Firearms, Alex Rolsky, Robert Adams, Imbert & Smithers, Inc., Tracy Rifle and Pistol LLC, Wesley Morris, Michael Baryla, Jeffrery Mullen, Sacramento Black Rifle, Inc.. (Zignago, K.) |
Filing 35 JOINT STATUS REPORT by Plaintiffs. (Attachments: #1 Proof of Service)(Benbrook, Bradley) Modified on 7/30/2015 (Mena-Sanchez, L). |
Filing 34 APPEAL PROCESSED to Ninth Circuit re #33 Notice of INTERLOCUTORY Appeal, filed by PRK Arms, Inc., Ten Percent Firearms, Alex Rolsky, Robert Adams, Imbert & Smithers, Inc., Tracy Rifle and Pistol LLC, Wesley Morris, Michael Baryla, Jeffrery Mullen, Sacramento Black Rifle, Inc.. Notice of Appeal filed *7/27/2015*, Complaint filed *11/10/2014* and Appealed Order / Judgment filed *7/16/2015*. ** *Fee Status: Paid on 7/27/2015 in the amount of $505.00* (Attachments: #1 Appeal Information) (Mena-Sanchez, L) |
Filing 33 NOTICE of INTERLOCUTORY APPEAL by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Filing fee $ 505, receipt number 0972-6004269) (Attachments: #1 Exhibit A, #2 Proof of Service)(Benbrook, Bradley) Modified on 7/28/2015 (Mena-Sanchez, L). |
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Filing 30 STIPULATION and PROPOSED ORDER for Rule 26(f) Conference and Joint Status Report by Kamala D. Harris. (Soichet, Emmanuelle) |
Filing 29 ANSWER by Kamala D. Harris, Stephen J. Lindley.(Richards, Nelson) |
Filing 28 NOTICE of CHANGE of ADDRESS by Nelson Ryan Richards. (Richards, Nelson) |
Filing 27 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/6/2015: On the Court's own motion, Plaintiffs' Motion for Preliminary Injunction (ECF No. # 5 ) is hereby SUBMITTED without oral argument. Accordingly, the hearing set for 3/12/2015 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 26 REPLY by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC re # 5 Motion for Preliminary Injunction. (Attachments: # 1 Proof of Service)(Benbrook, Bradley) |
Filing 25 MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/3/2015 GRANTING Plaintiffs' unopposed request for relief from page limitation requirement (ECF No. # 23 ). Accordingly, Plaintiffs' reply in support of their motion for preliminary injunction shall not exceed 15 pages. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 24 PROPOSED ORDER re Granting Plaintiff's Unopposed Request for Relief from Page Limitation Requirement for Reply ISO Motion for PI re # 23 Proposed Order, by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: # 1 Proof of Service)(Benbrook, Bradley) |
Filing 23 UNOPPOSED REQUEST re Relief From Page Limitation Requirement for Reply ISO Motion for Preliminary Injunction by Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: # 1 Proof of Service)(Benbrook, Bradley) Modified on 3/2/2015 (Kastilahn, A). |
Filing 22 FIRST AMENDED COMPLAINT against All Defendants by Ten Percent Firearms, Robert Adams, Imbert & Smithers, Inc., Tracy Rifle and Pistol LLC, Michael Baryla, Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Sacramento Black Rifle, Inc., Alex Rolsky. Attorney Benbrook, Bradley A. added. (Attachments: # 1 Proof of Service)(Benbrook, Bradley) |
Filing 21 NOTICE of APPEARANCE by Emmanuelle S. Soichet on behalf of defendants Kamala D. Harris and Stephen J. Lindley. Attorney Soichet, Emmanuelle S. added. (Attachments: # 1 Proof of Service) (Soichet, Emmanuelle) Modified on 2/25/2015 (Marciel, M) |
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Filing 19 DECLARATION of Nelson R. Richards in Opposition to # 5 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1 - 1917 Cal. Stat. ch. 145, # 2 Exhibit 2 - Proceedings of 34th Annual Meeting of National Conference of Commissioners on Uniform State Laws, 47 Ann. Rep. A.B.A. 522 (1924), # 3 Exhibit 3 - Handbook of National Conference of Commissioners on Uniform State Laws (1924), # 4 Exhibit 4 - 1923 Cal. Stat. ch. 339, # 5 Exhibit 5 - Charles V. Imlay, The Uniform Firearms Act, 12 A.B.A. J. 767 (1926), # 6 Exhibit 6 - New Firearms Law Effective on August 7, S.F. Chron., 7/15/1923, # 7 Exhibit 7 - S. 4012, 67th Cong. (1922), # 8 Exhibit 8 - Committee on Law Enforcement's for a Better Enforcement of the Law, 8 A.B.A. J. 588 (1922), # 9 Exhibit 9 - Report of the California Crime Commission (1929), # 10 Exhibit 10 - Report of the Standing Committee on Uniform State Laws, Report of 49th Annual Meeting of the American Bar Association (1926), # 11 Exhibit 11 - Kamala D. Harris, Attorney General, Homicide in California, 2013 (2013(, # 12 Exhibit 12 - Kamala D. Harris, Attorney General, 2013 Firearms Used in the Commission of Crimes (2013), # 13 Exhibit 13 - Bureau of Justice Statistics, U.S. Department of Justice, Firearm Violence, 1993-2011 (2013), # 14 Exhibit 14 - California Department of Public Health's California Violent Death Reporting System User-Generated Report, Suicides 2005-2009, # 15 Exhibit 15 - John Henry Sloan et al., Handgun Regulations, Crime, Assaults, and Homicide A Tale of Two Cities, 318 New Eng. J. Med. 913 (1988), # 16 Exhibit 16 - Michael Siegel et al., The Relationship Between Gun Ownership and Firearm Homicide Rates in the United States, 1981-2010, 103 Am. J. Pub. Health 2098 (2013), # 17 Exhibit 17 - Peter Cummings et al., The Association Between the Purchase of a Handgun and Homicide or Suicide, 87 Am. J. Pub. Health 974 (1997), # 18 Exhibit 18 - Garen J. Wintemute et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999), # 19 Exhibit 19 - K.M. Grassel et al., Mortality Among Recent Purchasers of Handguns, 341 New Eng. J. Med 1583 (1999), # 20 Exhibit 20 - Matthew Miller & David Hemenway, Guns and Suicide in the United States, 359 New Eng. J. Med. 898 (2008)) (Richards, Nelson) Modified on 2/25/2015 (Marciel, M) |
Filing 18 OPPOSITION by Kamala D. Harris, Stephen J. Lindley to # 5 Motion for Preliminary Injunction. (Richards, Nelson) |
Filing 17 STIPULATION and PROPOSED ORDER for Joinder of Additional Plaintiffs by Robert Adams, Michael Baryla, Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Benbrook, Bradley) |
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Filing 15 STIPULATION and PROPOSED ORDER for Continuance of January 29, 2015 Hearing and Change to November 10, 2014 Order Requiring Joint Status Report by Kamala D. Harris, Stephen J. Lindley. (Richards, Nelson) |
Filing 14 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Kamala D. Harris, Stephen J. Lindley. (Richards, Nelson) |
Filing 13 ANSWER by Kamala D. Harris, Stephen J. Lindley. Attorney Richards, Nelson Ryan added.(Richards, Nelson) |
Filing 12 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Robert Adams, Michael Baryla, Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Sacramento Black Rifle, Inc., Ten Percent Firearms, Tracy Rifle and Pistol LLC. (Attachments: # 1 Proof of Service)(Benbrook, Bradley) |
Filing 11 PROPOSED ORDER re # 5 Motion for Preliminary Injunction. (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 10 DECLARATION of Robert Adams in support of # 5 Motion for Preliminary Injunction. (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 9 DECLARATION of Michael Baryla in support of # 5 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 8 DECLARATION of Dean Rowden in support of # 5 Motion for Preliminary Injunction. (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 7 DECLARATION of Jeffrey Mullen in support of # 5 Motion for Preliminary Injunction. (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 6 DECLARATION of Wesley Morris in support of # 5 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 5 MOTION FOR PRELIMINARY INJUNCTION by all plaintiffs. Motion Hearing SET for 1/29/2015 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: # 1 Memorandum of Points and Authorities) (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 4 SUMMONS RETURNED EXECUTED: Kamala D. Harris, Stephen J. Lindley served on 11/10/2014. (Benbrook, Bradley) Modified on 11/19/2014 (Michel, G). |
Filing 3 CIVIL NEW CASE DOCUMENTS ISSUED. (Attachments: # 1 Consent Form, # 2 VDRP) (Michel, G) |
Filing 2 SUMMONS ISSUED as to *Kamala D. Harris, Stephen J. Lindley* with answer to complaint due within *21* days. Attorney *Bradley A. Benbrook* *Benbrook Law Group, PC* *400 Capitol Mall, Suite 1610* *Sacramento, CA 95814*. (Michel, G) |
Filing 1 COMPLAINT against all defendants by Ten Percent Firearms, Michael Baryla, Tracy Rifle and Pistol LLC, Wesley Morris, Jeffrery Mullen, PRK Arms, Inc., Sacramento Black Rifle, Inc., Robert Adams. (Filing fee $400.00, receipt number 0972-5604824) (Attachments: # 1 Civil Cover Sheet) (Benbrook, Bradley) Modified on 11/10/2014 (Michel, G). |
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