Linton et al v. Becerra et al
| Second Amendment Foundation, Inc., Paul McKinley Stewart, Firearms Policy Foundation, Chad Jay Linton, Calguns Foundation, Inc., Firearms Policy Coalition, Madison Society Foundation and Kendall Jones |
| Xavier Becerra, Robert D. Wilson and Martin Horan, Jr. |
| 3:2018cv07653 |
| December 20, 2018 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| James Donato |
| Civil Rights: Other |
| 28 U.S.C. § 1343 |
| None |
Docket Report
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This docket was last retrieved on February 28, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 45 Minute Entry for proceedings held before Judge James Donato: Motion Hearing re #38 Motion for Preliminary Injunction held on 2/20/2020. (jdlc4S, COURT STAFF) (Date Filed: 2/20/2020) |
| Set/Reset Deadlines as to #38 MOTION for Preliminary Injunction . Motion Hearing set for 2/20/2020 10:00 AM before Judge James Donato. (lrcS, COURT STAFF) (Filed on 2/6/2020) |
Filing 44
ORDER. In light of the Court's heavy trial calendar, the hearing on plaintiffs' #38 motion for a preliminary injunction is continued to February 20, 2020, at 10:00 a.m. Signed by Judge James Donato on 2/6/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 2/6/2020)
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| Filing 43 REPLY (re #38 MOTION for Preliminary Injunction ) filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Kendall Jones, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Attachments: #1 Declaration Supplemental Declaration of George M. Lee)(Lee, George) (Filed on 2/3/2020) |
| Filing 42 OPPOSITION/RESPONSE to (re #38 MOTION for Preliminary Injunction ) filed by Xavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Attachments: #(1) [Proposed] Order)(Onyeagbako, Maureen) (Filed on 1/27/2020) |
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Filing 41
CASE MANAGEMENT SCHEDULING ORDER: Close of Expert Discovery due by 6/4/2020. Close of Fact Discovery due by 4/22/2020. Designation of Experts due by 4/30/2020. Dispositive Motion due by 9/24/2020. Rebuttal Reports due by 5/21/2020. Bench Trial set for 1/11/2021 09:00 AM before Judge James Donato. Pretrial Conference set for 12/17/2020 01:30 PM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato.. Signed by Judge James Donato on 1/9/2020. (lrcS, COURT STAFF) (Filed on 1/10/2020)
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| Set/Reset Deadlines as to #38 MOTION for Preliminary Injunction . Motion Hearing set for 2/13/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 1/6/2020) |
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Filing 40
ORDER. The parties' #39 joint request to continue the hearing currently noticed for January 23, 2020, to February 13, 2020, is granted. Defendants' opposition is due January 27, 2020. Plaintiffs' reply is due February 3, 2020. Signed by Judge James Donato on 1/2/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 1/2/2020)
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| Filing 39 STIPULATION AND [PROPOSED] ORDER Continuing Hearing and Setting Briefing Schedule re #38 MOTION for Preliminary Injunction filed by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Kendall Jones, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 1/1/2020) |
| Filing 38 MOTION for Preliminary Injunction; Notice of Hearing filed by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Kendall Jones, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. Motion Hearing set for 1/23/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 1/2/2020. Replies due by 1/9/2020. (Attachments: #1 Supplement Memorandum of Points & Authorities, #2 Declaration of Kendall Jones, #3 Declaration of Chad Linton, #4 Declaration of Paul McKinley Stewart, #5 Declaration of George M. Lee)(Lee, George) (Filed on 12/19/2019) |
| Filing 37 Defendants' ANSWER to Amended Complaint for Declaratory and Injunctive Relief byXavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Onyeagbako, Maureen) (Filed on 12/16/2019) |
| Filing 36 AMENDED COMPLAINT against All Defendants. Filed byCalguns Foundation, Inc., Firearms Policy Foundation, Madison Society Foundation, Paul McKinley Stewart, Firearms Policy Coalition, Chad Jay Linton, Second Amendment Foundation, Inc., Kendall Jones. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Lee, George) (Filed on 12/2/2019) |
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Filing 35
ORDER. Plaintiffs' #34 motion for leave to file an amended complaint is granted but no new parties or claims may be added after this date without a showing of good cause and the Court's approval. Plaintiffs' unopposed request to update the name of a corporate plaintiff is granted. Plaintiffs' request for substitution of an official defendant is moot, as the current head of the California Department of Justice Bureau of Firearms was automatically substituted as a defendant in his official capacity pursuant to Federal Rule of Civil Procedure 25(d). Signed by Judge James Donato on 12/2/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc4S, COURT STAFF) (Filed on 12/2/2019)
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| Filing 34 REPLY (re #30 MOTION for Leave to File First Amended Complaint ) filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Attachments: #1 Declaration Supplemental Declaration)(Lee, George) (Filed on 11/28/2019) |
| Filing 33 OPPOSITION/RESPONSE (re #30 MOTION for Leave to File First Amended Complaint ) filed byXavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Attachments: #1 Proposed Order)(Onyeagbako, Maureen) (Filed on 11/27/2019) |
| Set/Reset Deadlines as to #30 MOTION for Leave to File First Amended Complaint. Motion Hearing set for 1/2/2020 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. (lrcS, COURT STAFF) (Filed on 11/15/2019) |
| Filing 32 Proposed Order re #30 MOTION for Leave to File First Amended Complaint by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 11/15/2019) |
| Filing 31 Declaration of George M. Lee in Support of #30 MOTION for Leave to File First Amended Complaint filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Attachments: #1 Exhibit A: Proposed First Amended Complaint)(Related document(s) #30 ) (Lee, George) (Filed on 11/15/2019) |
| Filing 30 MOTION for Leave to File First Amended Complaint filed by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 11/15/2019) |
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Filing 29
ORDER RE #27 STIPULATION. Duplicative cross-motions are not permitted. One motion for summary judgment should be filed by the June 22, 2020 deadline. The parties may decide who the moving party will be, consistent with burden of proof allocations. The other stipulated deadlines are approved. Signed by Judge James Donato on 10/10/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 10/10/2019)
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| Filing 28 ANSWER to Complaint byXavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Onyeagbako, Maureen) (Filed on 9/20/2019) |
| Filing 27 STIPULATION WITH PROPOSED ORDER re Litigation Scheduling filed by Xavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Attachments: #1 Proposed Order)(Onyeagbako, Maureen) (Filed on 9/20/2019) |
| Filing 26 Minute Entry. (jdlc1S, COURT STAFF) (Date Filed: 8/23/2019) |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 8/15/2019) |
| Filing 24 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Onyeagbako, Maureen) (Filed on 5/1/2019) |
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Filing 23
ORDER. The case management conference and the hearing on the motion to dismiss, Dkt. No. 12, are continued to August 22, 2019, at 10:00 a.m. A joint case management statement is due August 15, 2019. Signed by Judge James Donato on 4/22/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 4/22/2019)
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| Filing 22 Certificate of Interested Entities by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart (Lee, George) (Filed on 4/18/2019) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Attachments: #1 Additional Parties Signing Certification)(Lee, George) (Filed on 4/17/2019) |
| Filing 20 NOTICE of Change of Address by George M. Lee (Lee, George) (Filed on 4/15/2019) |
| Filing 19 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 4/12/2019) |
| Filing 18 REPLY (re #12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief; Memorandum of Points and Authorities ) filed byXavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Onyeagbako, Maureen) (Filed on 3/22/2019) |
| Filing 17 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief; Memorandum of Points and Authorities ) filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 3/12/2019) |
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Filing 16
ORDER. Plaintiffs' opposition to the motion to dismiss, Dkt. No. 14, exceeds the page limit in the Court's standing order for civil cases, and is stricken. A revised opposition may be filed by March 15, 2019. Failure to adhere to the Court's standing orders in all respects may result in future filings being struck without an opportunity to amend. Signed by Judge James Donato on 3/11/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 3/11/2019)
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| Filing 15 Request for Judicial Notice re #14 Opposition/Response to Motion, filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Related document(s) #14 ) (Lee, George) (Filed on 3/8/2019) |
| Filing 14 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief; Memorandum of Points and Authorities ) filed byCalguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart. (Lee, George) (Filed on 3/8/2019) |
| Filing 13 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.) Case Management Statement due by 4/25/2019. Initial Case Management Conference continued to 5/2/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. (lrcS, COURT STAFF) (Filed on 2/26/2019) |
| Filing 12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief; Memorandum of Points and Authorities filed by Xavier Becerra, Martin Horan, Jr, Robert D. Wilson. Motion Hearing set for 5/2/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 3/8/2019. Replies due by 3/15/2019. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Onyeagbako, Maureen) (Filed on 2/22/2019) |
| Filing 11 STIPULATION to Extend Time to Answer or Otherwise Respond to Complaint filed by Xavier Becerra, Martin Horan, Jr, Robert D. Wilson. (Onyeagbako, Maureen) (Filed on 1/22/2019) |
| Filing 10 CERTIFICATE OF SERVICE by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart re #1 Complaint,, #7 Summons Issued (Lee, George) (Filed on 1/8/2019) |
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Filing 9
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 3/21/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 3/14/2019. Signed by Judge James Donato on 12/27/18. (lrcS, COURT STAFF) (Filed on 12/27/2018)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Judge James Donato for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 12/21/18. (Attachments: #1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 12/21/2018)
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| Filing 7 Summons Issued as to Xavier Becerra, Martin Horan, Jr, Robert D. Wilson. (fabS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/14/2019. Initial Case Management Conference set for 3/21/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 5 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 4 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Calguns Foundation, Inc., Firearms Policy Coalition, Firearms Policy Foundation, Chad Jay Linton, Madison Society Foundation, Second Amendment Foundation, Inc., Paul McKinley Stewart.. (Lee, George) (Filed on 12/20/2018) |
| Filing 3 Case assigned to Magistrate Judge Laurel Beeler. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/3/2019. (bwS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 2 Proposed Summons. (Lee, George) (Filed on 12/20/2018) |
| Filing 1 COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400, receipt number 0971-12944584.). Filed byCalguns Foundation, Inc., Firearms Policy Foundation, Madison Society Foundation, Paul McKinley Stewart, Firearms Policy Coalition, Chad Jay Linton, Second Amendment Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Civil Cover Sheet)(Lee, George) (Filed on 12/20/2018) |
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