Wiese et al., v. Becerra, et al.,
| William Wiese, Jeremiah Morris, The Calguns Foundation, Todd Nielsen, Firearms Policy Foundation, Alan Normandy, Sherman Macaston, Frank Federeau, Firearms Policy Coalition, Second Amendment Foundation, Lance Cowley, L.Q. Dang, Clifford Flores and Adam Richards |
| Xavier Becerra and Martha Supernor |
| Law Center to Prevent Gun Violence |
| Everytown for Gun Safety and California Rifle & Pistol Association, Incorporated |
| 2:2017cv00903 |
| April 28, 2017 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Kern |
| Kendall J Newman |
| William B Shubb |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 111 NOTICE of CHANGE of ADDRESS by Raymond Mark DiGuiseppe. (DiGuiseppe, Raymond) |
Filing 110
ORDER re #109 Joint Status Report signed by Senior Judge William B. Shubb on 5/8/2019: This case is STAYED pending resolution of defendants' appeal in Duncan v. Becerra. The parties shall file a joint status report within 14 days after the Ninth Circuit issues a decision in Duncan. The scheduling conference set for 5/13/2019 is hereby VACATED. (Kirksey Smith, K)
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| Filing 109 JOINT STATUS REPORT by Lance Cowley, et al. (Lee, George) Modified on 5/2/2019 (Huang, H). |
| Filing 108 NOTICE of CHANGE of ADDRESS by George M. Lee. (Lee, George) |
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Filing 107
ORDER re #106 Joint Status Report, signed by Senior Judge William B. Shubb on 4/2/2019, continuing the Scheduling Conference to 5/13/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint status report shall be filed no later than 5/1/2019. (Kirksey Smith, K)
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| Filing 106 JOINT STATUS REPORT by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Attachments: #1 Proposed Order)(Lee, George) |
| Filing 105 ANSWER by Xavier Becerra, Martha Supernor.(Echeverria, John) |
| Filing 104 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference set for 3/18/2019 is continued to 4/15/2019 at 01:30 PM. The parties shall meet and confer and then file a joint status report no later than 4/1/2019, to contain information as outlined in the Court's #4 Order Re: Status (Pretrial Scheduling) Conference issued on 4/28/2017. (Kirksey Smith, K) |
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Filing 103
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 2/25/2019 re #95 Motion to Dismiss Third Amended Complaint: IT IS ORDERED that #95 Defendants' Motion to Dismiss Third Amended Complaint be, and the same hereby is, GRANTED IN PART. Defendants' motion to dismiss as to the Third Amended Complaint's Second Amendment, takings, and equal protection claims is DENIED. Defendants' motion to dismiss as to the Third Amended Complaint's vagueness and overbreadth claims is GRANTED. Because plaintiffs have already amended their complaint multiple times and it does not appear that further amendment could improve on their allegations in support of their vagueness and overbreadth claims, Counts III and IV are DISMISSED WITH PREJUDICE. (Kirksey Smith, K)
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| Filing 102 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/19/2019 re #95 Defendants' Motion to Dismiss. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs' Counsel George Lee present. Defendants' Counsel John Echeverria present. Court Reporter: Kimberly Bennett. (Kirksey Smith, K) |
| Filing 101 BRIEF of Amicus Curiae in Support of Opposition to Defendants' Motion to Dismiss Third Amended Complaint by CA Rifle & Pistol Association, Inc. (Brady, Sean) Modified on 2/13/2019 (Reader, L). |
| Filing 100 MOTION for Leave to Participate as Amicus Curiae by CA Rifle & Pistol Association, Inc. Motion Hearing set for 2/19/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Brady, Sean) Modified on 2/13/2019 (Reader, L). |
| Filing 99 REPLY by Xavier Becerra, Martha Supernor re #95 Motion to Dismiss. (Echeverria, John) |
| Filing 98 OPPOSITION by plaintiffs to #95 Motion to Dismiss. (Attachments: #1 Request for Judicial Notice, #2 E-Service Notice)(Lee, George) |
| Filing 97 BRIEF of Amicus Curiae by Everytown for Gun Safety. (Attachments: #1 Appendix)(Potischman, Neal) |
| Filing 96 MOTION FOR LEAVE to participate as Amicus Curiae by Everytown for Gun Safety. Motion Hearing set for 2/19/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Proposed Order)(Potischman, Neal) Modified on 1/31/2019 (Reader, L). |
| Filing 95 MOTION to DISMISS by Xavier Becerra, Martha Supernor. Motion Hearing set for 2/19/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order, #6 Proof of Service)(Echeverria, John) Modified on 1/22/2019 (Washington, S). |
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Filing 94
ORDER LIFTING STAY signed by Senior Judge William B. Shubb on 11/15/18 to permit Defendants to file a motion to dismiss Plaintiffs' Third Amended Complaint. Scheduling Conference SET for 3/18/2019 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Further, in accordance with the parties' proposal, Defendants' notice of motion and supporting papers shall be filed by 01/21/19; Plaintiffs' opposition and supporting papers shall be filed by 02/05/19; Defendants' reply shall be filed by 02/12/19; and the Motion Hearing on Defendants' motion to dismiss is SET for 2/19/2019 at 01:30 PM before Senior Judge William B. Shubb. Discovery in this action shall remain stayed pending resolution of Defendants' motion to dismiss, in accordance with #80 Order. (Coll, A)
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| Filing 93 PROPOSED ORDER re Joint Status Report re #92 Status Report by Xavier Becerra, Martha Supernor. (Echeverria, John) |
| Filing 92 JOINT STATUS REPORT by Xavier Becerra, Martha Supernor. (Echeverria, John) |
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Filing 91
ORDER re Stay of Action signed by Senior Judge William B. Shubb on 9/24/2018: Pursuant to the discussion on the record at the status conference held 9/24/2018, this case is STAYED pending resolution of any en banc proceedings by the Ninth Circuit in Duncan v. Becerra, No. 17-56081. The parties shall file a joint status report within 14 days after the Ninth Circuit issues a decision regarding whether the Duncan case will be reheard en banc. Should the Ninth Circuit decline to rehear Duncan, the parties' joint status report shall set forth an agreed proposed date for a status conference and agreed proposed deadlines, including for any motion to dismiss by defendants. (Kirksey Smith, K)
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| Filing 90 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: STATUS CONFERENCE Re Stay of Proceedings held on 9/24/2018. Court confers with counsel re stay of action and Ninth Circuit Proceedings. Court to issue a separate order. Plaintiffs' Counsel George Lee present. Defendants' Counsel John Echeverria present. Court Reporter: Kelly O'Halloran. (Kirksey Smith, K) |
| Filing 89 JOINT STATUS REPORT by Xavier Becerra, Martha Supernor. (Echeverria, John) |
| Filing 88 TRANSCRIPT of Proceedings held on February 5, 2018, before Senior Judge William B. Shubb, filed by Court Reporter Diane Shepard, Phone number 916-554-7460 E-mail diane.shepard@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/20/2018. Redacted Transcript Deadline set for 8/30/2018. Release of Transcript Restriction set for 10/29/2018. (Shepard, D) |
| Filing 87 MINUTE ORDER (TEXT ONLY) by Relief Courtroom Deputy J. Anderson for Senior Judge William B. Shubb on 07/26/2018: The Court is in receipt of the #86 Supplement to the Joint Status Report and hereby notifies the parties a Joint Status Report shall be filed no later than 09/10/2018. (Anderson, J) |
| Filing 86 SUPPLEMENT by Xavier Becerra, Martha Supernor re #84 Status Report. (Echeverria, John) |
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Filing 85
ORDER signed by Senior Judge William B. Shubb on 7/20/18, ORDERING that the Stay is EXTENDED until 9/24/2018. The 7/30/18 Scheduling Conference is VACATED; and a new Scheduling Conference is SET for 9/24/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kastilahn, A)
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| Filing 84 JOINT STATUS REPORT by Xavier Becerra, Martha Supernor. (Attachments: #1 Proposed Order Extending Stay of Proceedings)(Echeverria, John) |
| Filing 83 TRANSCRIPT REQUEST by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese for proceedings held on 2/5/2018 before Judge Shubb. Court Reporter Diane Shepard. (Lee, George) |
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Filing 82
ORDER STAYING PROCEEDINGS #81 signed by Senior Judge William B. Shubb on 3/23/2018: The current Scheduling Conference presently set for hearing on 3/26/2018 is hereby VACATED. A new Scheduling Conference shall be held on 7/30/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A further Joint Status Report shall be filed no later than 7/16/2018. (Kirksey Smith, K)
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| Filing 81 SUPPLEMENT by Xavier Becerra, Martha Supernor re #79 Status Report. (Attachments: #1 Proposed Order)(Echeverria, John) Modified on 3/28/2018 (Mena-Sanchez, L). |
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Filing 80
ORDER STAYING DISCOVERY signed by Senior Judge William B. Shubb on 3/12/2018: Before the court is parties' #79 Joint Status Report filed 3/12/2018. Pursuant to the agreement of the parties, all discovery is STAYED pending resolution of any motion to dismiss plaintiffs' Third Amended Complaint. The court declines to reset the Scheduling Conference set for 3/26/2018. At the Scheduling Conference, the parties shall be prepared to discuss their positions as to whether a complete stay of this action is appropriate. (Kirksey Smith, K)
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| Filing 79 JOINT STATUS REPORT by Xavier Becerra, Martha Supernor. (Echeverria, John) |
| Filing 78 STIPULATION to extend time for defendants to respond to third amended complaint by Xavier Becerra, Martha Supernor. (Echeverria, John) |
| Filing 77 MINUTE ORDER (TEXT ONLY): The parties are hereby notified that the Scheduling Conference is reset for 3/26/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed no later than 3/12/2018, and pursuant to the Court's #4 Order Re: Status (Pretrial Scheduling) Conference filed 4/28/2017. (Kirksey Smith, K) |
| Filing 76 THIRD AMENDED COMPLAINT against All Defendants by Second Amendment Foundation, Todd Nielsen, Jeremiah Morris, William Wiese, Alan Normandy, Lance Cowley, Clifford Flores, Firearms Policy Coalition, L.Q. Dang, The Calguns Foundation, Sherman Macaston, Firearms Policy Foundation, Frank Federeau. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, George) |
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Filing 75
ORDER signed by Senior Judge William B. Shubb on 2/6/2018 ORDERING #62 Everytown for Gun Safety's motion for leave to file an amicus curiae brief in support of defendants' motion to dismiss plaintiffs' Second Amended Complaint is DENIED as MOOT. (Reader, L)
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Filing 74
MEMORANDUM AND ORDER signed by Senior Judge William B. Shubb on 2/6/2018 GRANTING #61 Defendants' Motion to Dismiss; Plaintiffs have twenty days from the date this Order is signed to file a Third Amended Complaint, if they can do so consistent with this Order. (Reader, L)
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| Filing 73 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 2/5/2018 re #61 Defendants' Motion to Dismiss Second Amended Complaint. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs' Counsel George Lee, Raymond DiGuiseppe present. Defendants' Counsel Alexandra Gordon present. Court Reporter: Diane Shepard. (Kirksey Smith, K) |
| Filing 72 REPLY by Xavier Becerra re #61 Motion to Dismiss the Second Amended Complaint. (Gordon, Alexandra) |
| Filing 71 OPPOSITION by Plaintiff's to #61 Motion to Dismiss the Second Amended Complaint. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 E-Service Notice)(Lee, George) Modified on 1/25/2018 (Reader, L). |
| Filing 70 MINUTE ORDER (TEXT ONLY): On the Court's own motion, the parties are hereby notified that hearing on the #62 Motion For Leave For Everytown To Participate As Amicus Curiae is continued from 11/6/2017 to 2/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Kirksey Smith, K) |
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Filing 69
ORDER signed by Senior Judge William B. Shubb on 10/17/2017 ORDERING the #61 Motion to Dismiss CONTINUED to 2/5/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Washington, S)
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| Filing 68 PROPOSED ORDER re Continuance of Hearing and Briefing re #61 Motion to Dismiss by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
| Filing 67 STIPULATION re #65 Order,, by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
| Filing 66 NOTICE of CHANGE of ADDRESS by Raymond Mark DiGuiseppe. (DiGuiseppe, Raymond) |
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Filing 65
ORDER re #64 Stipulation for Continuance signed by Senior Judge William B. Shubb on 10/11/2017: Before the court is the parties' Stipulation and Proposed Order re Continuance of Hearing and Reply/Opposition Dates on Defendants' Motion to Dismiss. Given the court's schedule, it is unable to accommodate the requested continuance to 11/20/2017. The court can hear the motion either on 11/6/2017, as previously scheduled, or on 2/5/2018, at 1:30 p.m. On or by 10/16/2017, the parties shall inform the court which date they prefer. (Kirksey Smith, K)
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| Filing 64 STIPULATION and PROPOSED ORDER for Continuance of Hearing and Briefing re #61 Motion to Dismiss by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
| Filing 63 BRIEF by Everytown for Gun Safety re #61 Motion to Dismiss. (Potischman, Neal) |
| Filing 62 MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE by Everytown for Gun Safety. Attorney Potischman, Neal Alan added. Motion Hearing set for 11/6/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum, #2 Proposed Order)(Potischman, Neal) |
| Filing 61 MOTION to DISMISS by Xavier Becerra. Motion Hearing SET for 11/6/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order, #6 Proof of Service)(Gordon, Alexandra) Modified on 9/28/2017 (Mena-Sanchez, L). |
| Filing 60 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: SCHEDULING CONFERENCE held on 8/28/2017. Court confers with counsel re possible stay of action and discovery status. Court sets briefing on defendants' motion to dismiss as follows: 1) Defendants' brief to be filed by 9/27/2017; 2) Plaintiffs' response due by 10/18/2017; 3) Defendants' reply due by 10/25/2017; and 4) Motion Hearing is set for 11/6/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Plaintiffs' Counsel George Lee present. Defendants' Counsel Alexandra Gordon, Marc LeForestier present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) |
| Filing 59 SECOND AMENDED COMPLAINT against All Defendants by Second Amendment Foundation, Todd Nielsen, Jeremiah Morris, William Wiese, Alan Normandy, Lance Cowley, Clifford Flores, Firearms Policy Coalition, L.Q. Dang, The Calguns Foundation, Sherman Macaston, Firearms Policy Foundation, Frank Federeau. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proof of Service via ECF)(Lee, George) |
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Filing 58
ORDER signed by Senior Judge William B. Shubb on 8/15/2017 re #53 , #55 Stipulation to File Second Amended Complaint: In light of the parties' agreement and the lodging of the proposed amended complaint, the court will grant plaintiffs leave to amend their complaint. Plaintiffs are hereby ORDERED to file their Second Amended Complaint within three days from the date of this Order. The Scheduling Conference set for 8/28/2017 will remain on the calendar. The court will discuss the deadline for any answer or response to the Second Amended Complaint at the Scheduling Conference. (Kirksey Smith, K)
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| Filing 57 JOINT STATUS REPORT by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
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Filing 56
ORDER signed by Senior Judge William B. Shubb on 7/28/17 ORDERING that the Attorney General has filed a notice of appeal from the preliminary injunction issued by the USDC for the Southern District of California in Duncan v. Becerra, Civ. No. 3:17-1017 BEN JLB. While the arguments raised by the plaintiffs in that case and the instant case are not identical, the plaintiffs in both cases make substantially similar arguments regarding whether California's large capacity ban violates the Second Amendment and Takings Clause of the United States Constitution. Thus, a decision by the Ninth Circuit regarding the Duncan case may be dispositive as to key issues in this case. In light of this development, within fourteen days from the date of this Order the parties in this case shall submit a Joint Status Report setting forth the their respective positions on whether this court should stay proceedings in this case pending the appeal in Duncan v. Becerra. (Becknal, R)
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| Filing 55 NOTICE of Lodging of Proposed Second Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit A (Proposed Second Amended Complaint), #2 E-Service Notice)(Lee, George) |
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Filing 54
ORDER signed by Senior Judge William B. Shubb on 7/17/2017 re #53 Stipulation to File Second Amended Complaint: Before the court is the parties' #53 Stipulation re Filing of Second Amended Complaint. In the Stipulation, the parties have agreed to allow plaintiffs to file a Second Amended Complaint on or before 7/28/2017, and that defendants would be allowed to answer or respond within forty days of the filing of the Second Amended Complaint. In order to consider approval of the Stipulation, the court must review the proposed Second Amended Complaint. IT IS THEREFORE ORDERED that within ten days from the entry of this Order plaintiffs lodge a copy of their proposed Second Amended Complaint; and IT IS FURTHER ORDERED that defendants may file an answer or response to the First Amended Complaint by 8/17/2017. The court will consider the stipulation to file a Second Amended Complaint and a deadline for defendants to answer or respond to such complaint once the court is presented with the proposed complaint. (Kirksey Smith, K)
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| Filing 53 STIPULATION and PROPOSED ORDER for filing of Amended Complaint by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
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Filing 52
MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 6/29/2017 DENYING #28 Plaintiffs' Renewed Motion for Issuance of Preliminary Injunction. (Kirksey Smith, K)
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| Filing 51 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 6/29/2017 re #28 Plaintiffs' Renewed Motion for Issuance of a Preliminary Injunction. Counsel argue. MOTION SUBMITTED. The Court shall prepare and issue a separate order. Plaintiffs' Counsel George Lee, Ray DiGuiseppe, Anthony Schoenberg (Movant) present. Defendants' Counsel Alexandra Gordon, John Echeverria present. Court Reporter: Cathie Bodene. (Kirksey Smith, K) |
| Filing 50 AMICUS BRIEF in support of #34 Opposition to #28 Motion for Preliminary Injunction by Law Center to Prevent Gun Violence. (Schoenberg, Anthony) Modified on 6/26/2017 (Michel, G.). |
| Filing 49 MOTION FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE by Law Center to Prevent Gun Violence. Attorney Schoenberg, Anthony P. ADDED. Motion Hearing SET for 6/29/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Schoenberg, Anthony) |
| Filing 48 SUPPLEMENTAL OPPOSITION to #28 Motion for TRO/Motion for Preliminary Injunction by Xavier Becerra. (Attachments: #1 Declaration of John D. Echeverria, #2 Proof of Service)(Echeverria, John) Modified on 6/27/2017 (Benson, A). |
| Filing 47 SUPPLEMENTAL MEMORANDUM in support of #28 Motion for Preliminary Injunction by plaintiffs. (Attachments: #1 Supplement Supp. Request for Jud. Notice, #2 E-Service Notice)(Lee, George) Modified on 6/27/2017 (Benson, A). |
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Filing 46
STIPULATION and ORDER signed by Senior Judge William B. Shubb on 6/16/17 ORDERING that Defendant's last day to answer or otherwise respond to Plaintiff's First Amended Complaint shall be no later than 21 days after entry of this Court's order regarding the Motion for Preliminary Injunction. (Kastilahn, A)
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Filing 45
ORDER signed by Senior Judge William B. Shubb on 6/16/2017 re #28 Plaintiffs' Motion for Temporary Restraining: IT IS HEREBY ORDERED that plaintiffs' Renewed Motion for Temporary Restraining Order (Docket No. 28) be, and the same hereby is, DENIED. This matter is set for hearing on plaintiffs' request for a preliminary injunction on 6/29/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall file simultaneous supplemental briefs by 12:00 p.m. on 6/23/2017. [See document for further details.] (Kirksey Smith, K)
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| Filing 44 MINUTES (Text Only) for proceedings before Senior Judge William B. Shubb: MOTION HEARING held on 6/16/2017 re #28 Plaintiffs' Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction. Counsel argue. Court DENIES #28 Plaintiffs' Motion for Temporary Restraining Order and sets hearing on #28 Plaintiffs' Motion for Preliminary Injunction for 6/29/2017 at 09:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. *Simultaneous briefs shall be filed no later than 6/23/2017 by 12:00 PM (Noon). Court to prepare and issue a separate order. Plaintiffs' Counsel George Lee present. Defendants' Counsel Alexandra Gordon, John Echeverria present. Court Reporter: Jennifer Coulthard. (Kirksey Smith, K) *Modified on 6/16/2017 (Kirksey Smith, K). |
| Filing 43 STIPULATION and PROPOSED ORDER for Extension of Time to Answer or Otherwise Respond to Complaint by Xavier Becerra. (Attachments: #1 Proof of Service)(Gordon, Alexandra) |
| Filing 42 DECLARATION of Lucy P. Allen in OPPOSITION TO #28 Motion for Temporary Restraining Order Motion for Preliminary Injunction. (Echeverria, John) |
| Filing 41 DECLARATION in OPPOSITION TO #28 Motion for Temporary Restraining Order Motion for Preliminary Injunction. (Echeverria, John) |
| Filing 40 EXHIBIT 18-64 by Xavier Becerra re #35 Declaration. (Attachments: #1 Exhibit 21-28, #2 Exhibit 29-34, #3 Exhibit 35-38, #4 Exhibit 39-42, #5 Exhibit 43-54, #6 Exhibit 55-64)(Echeverria, John) |
| Filing 39 REQUEST for JUDICIAL NOTICE by Xavier Becerra. (Echeverria, John) |
| Filing 38 [DISREGARD - Filed in error, incorrect image attached] DECLARATION of Daniel W. Webster in OPPOSITION TO #28 Motion for Temporary Restraining Order. (Echeverria, John) Modified on 6/15/2017 (Zignago, K.). |
| Filing 37 DECLARATION of Blake Graham in OPPOSITION TO #28 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Echeverria, John) |
| Filing 36 DECLARATION of John J. Donohue in OPPOSITION TO #28 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Echeverria, John) |
| Filing 35 DECLARATION of Alexandra Robert Gordon in OPPOSITION TO #28 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Attachments: #1 Exhibit 1-6, #2 Exhibit 7-17)(Echeverria, John) |
| Filing 34 OPPOSITION by Xavier Becerra to #28 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Echeverria, John) |
| Filing 33 MINUTE ORDER (TEXT ONLY): All requests to appear by telephone at the scheduled motion hearing set Friday, 6/16/2017 at 10:00 AM are DENIED. (Kirksey Smith, K) |
| Filing 32 REQUEST for Telephonic Appearance by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Attachments: #1 Proposed Order)(DiGuiseppe, Raymond) Modified on 6/15/2017 (Washington, S). |
| Filing 31 MINUTE ORDER (TEXT ONLY): The Court HEREBY ORDERS hearing on #28 Plaintiffs' Renewed Motion for Temporary Restraining Order and Issuance of Preliminary Injunction set Friday, 6/16/2017 at 10:00 AM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. Defendants' response shall be filed no later than 12:00 PM (Noon) on Thursday, 6/15/2016. (Kirksey Smith, K) |
| Filing 30 NOTICE of APPEARANCE by John Darrow Echeverria on behalf of Xavier Becerra, Martha Supernor. Attorney Echeverria, John Darrow added. (Echeverria, John) |
| Filing 29 TEMPORARY RESTRAINING ORDER CHECK LIST by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese re #28 Motion for Temporary Restraining Order, Motion for Preliminary Injunction. (Lee, George) Modified on 6/15/2017 (Washington, S). |
| Filing 28 MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Attachments: #1 Memorandum, #2 Declaration of D. Allen Youngman, #3 Declaration of James Curcuruto, #4 Declaration of Massad Ayoob, #5 Declaration of Carlisle E. Moody, #6 Declaration of William M. Wiese Jr., #7 Declaration of Jeremiah Morris, #8 Declaration of Lance Cowley, #9 Declaration of Sherman Macaston, #10 Declaration of Clifford W. Flores, #11 Declaration of Luong Q. Dang, #12 Declaration of George M. Lee, #13 Notice Request for Jud. Notice, #14 Proposed Order, #15 E-Service Notice)(Lee, George) Modified on 6/15/2017 (Washington, S). |
| Filing 27 NOTICE of APPEARANCE by Raymond Mark DiGuiseppe on behalf of Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. Attorney DiGuiseppe, Raymond Mark added. (DiGuiseppe, Raymond) |
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Filing 26
ORDER signed by Senior Judge William B. Shubb on 6/13/2017 re #9 Plaintiffs' Motion for Temporary Order: In light of the circumstances described in the #25 Supplemental Declaration of George M. Lee, #9 Plaintiffs' Motion for Temporary Restraining Order is denied without prejudice to its being renewed at such time as plaintiffs may seriously want the court to rule on it. (Kirksey Smith, K)
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| Filing 25 DECLARATION of George M. Lee in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Attachments: #1 Exhibit A)(Lee, George) |
| Filing 24 CERTIFICATE of SERVICE by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese re #9 Motion for TRO,, Motion for Preliminary Injunction, #10 Memorandum, #11 Declaration, #12 Declaration, #13 Declaration, #14 Declaration, #15 Declaration, #16 Declaration, #17 Declaration, #18 Declaration, #19 Declaration, #20 Declaration, #21 Declaration, #22 Request for Special Notice, #23 Proposed Order. (Lee, George) Modified on 6/13/2017 (Washington, S). |
| Filing 23 PROPOSED ORDER re #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION. (Lee, George) Modified on 6/13/2017 (Washington, S). |
| Filing 22 REQUEST for JUDICIAL NOTICE by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese in re #9 Motion for TRO,, Motion for Preliminary Injunction,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lee, George) |
| Filing 21 DECLARATION of George M. Lee in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Attachments: #1 Exhibit A)(Lee, George) |
| Filing 20 DECLARATION of Luong Q. Dang in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 19 DECLARATION of Clifford W. Flores in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 18 DECLARATION of Sherman Macaston in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 17 DECLARATION of Lance Cowley in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 16 DECLARATION of Jeremiah Morris in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 15 DECLARATION of William M. Wiese Jr. in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 14 DECLARATION of Carlisle E. Moody in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 13 DECLARATION of Massad Ayoob in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 12 DECLARATION of James Curcuruto in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 11 DECLARATION of D. Allen Youngman in SUPPORT OF #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 10 MEMORANDUM by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese in SUPPORT of #9 MOTION for TEMPORARY RESTRAINING ORDER MOTION for PRELIMINARY INJUNCTION . (Lee, George) |
| Filing 9 MOTION for TEMPORARY RESTRAINING ORDER, MOTION for PRELIMINARY INJUNCTION by Lance Cowley, L.Q. Dang, Frank Federeau, Firearms Policy Coalition, Firearms Policy Foundation, Clifford Flores, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Adam Richards, Second Amendment Foundation, The Calguns Foundation, William Wiese. (Lee, George) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT by Plaintiffs Firearms Policy Coalition, Firearms Policy Foundation, Second Amendment Foundation, The Calguns Foundation. (Lee, George) |
| Filing 7 FIRST AMENDED COMPLAINT against All Defendants by Second Amendment Foundation, Todd Nielsen, Jeremiah Morris, William Wiese, Alan Normandy, Lance Cowley, Firearms Policy Coalition, The Calguns Foundation, Sherman Macaston, Firearms Policy Foundation, Frank Federeau, Adam Richards, Clifford Flores, L.Q. Dang. Attorney Lee, George M. added. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lee, George) |
| Filing 6 STIPULATION re Extension of Time to Answer or Otherwise Respond to Complaint by Xavier Becerra. (Gordon, Alexandra) |
| Filing 5 NOTICE of APPEARANCE by Alexandra Robert Gordon on behalf of Xavier Becerra, Martha Supernor. Attorney Gordon, Alexandra Robert added. (Gordon, Alexandra) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 8/28/2017 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. (Attachments: #1 Consent Form, #2 VDRP) (Becknal, R) |
| Filing 3 SUMMONS ISSUED as to *Xavier Becerra, Martha Supernor* with answer to complaint due within *21* days. Attorney *George M. Lee* *Seiler Epstein Ziegler & Applegate LLP* *601 Montgomery Street, Suite 2000* *San Francisco, CA 94111*. (Becknal, R) |
| Filing 2 CIVIL COVER SHEET by Calguns Foundation, Inc., Lance Cowley, Frank Federau, Firearms Policy Coalition, Firearms Policy Foundation, Sherman Macaston, Jeremiah Morris, Todd Nielsen, Alan Normandy, Second Amendment Foundation, William Wiese (Lee, George) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief by Alan Normandy, Second Amendment Foundation, Lance Cowley, Todd Nielsen, Firearms Policy Coalition, Jeremiah Morris, Calguns Foundation, Inc., William Wiese, Sherman Macaston, Firearms Policy Foundation, Frank Federau. Attorney Lee, George M. added. (Filing fee $ 400, receipt number 0972-7036904) (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, George) Modified on 4/28/2017 (Becknal, R). |
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