Rodriguez et al v. City of San Jose et al
| Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. and California Gun Rights Foundation, Inc. |
| City Of San Jose, City of San Jose Police Department and Steven Valentine |
| 5:2015cv03698 |
| August 12, 2015 |
| US District Court for the Northern District of California |
| San Jose Office |
| Santa Clara |
| Edward J Davila |
| Howard R Lloyd |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 USCA Case Number No. 19-1057 Supreme Court (cv, COURT STAFF) (Filed on 2/27/2020) Modified on 2/27/2020 (cv, COURT STAFF). |
| Filing 65 NOTICE from Supreme Court of the United States, Office of the Clerk, Washington, DC. The application for an extension of time within which to file a petition for a writ of certiorari in the above-entitled case has been presented to Justice Kagan, who on December 12, 2019, extended the time to and including February 21, 2020(bwS, COURT STAFF) (Filed on 12/17/2019) |
| Filing 64 MANDATE of USCA as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., California Gun Rights Foundation, Inc. (cv, COURT STAFF) (Filed on 10/2/2019) |
Filing 63
ORDER of USCA The panel has unanimously voted to deny appellants petition for rehearing. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. The petitions for rehearing and rehearing en banc are DENIED. as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cvS, COURT STAFF) (Filed on 9/24/2019)
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Filing 62
ORDER of USCA The motion to substitute plaintiff-appellant THE CALGUNS FOUNDATION, INC. with CALIFORNIA GUN RIGHTS FOUNDATION, INC. is GRANTED. as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cv, COURT STAFF) (Filed on 9/18/2019)
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Filing 61
ORDER of USCA - Appellants motion for an extension of time within which to file a petition for rehearing and/or a petition for rehearing en banc is GRANTED. as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cv, COURT STAFF) (Filed on 7/30/2019)
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| Filing 60 USCA Memorandum AFFIRMED as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cv, COURT STAFF) (Filed on 7/23/2019) |
| Filing 59 OPINION of USCA AFFIRMED. as to #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cv, COURT STAFF) (Filed on 7/23/2019) Modified on 7/23/2019 (cv, COURT STAFF). |
| Filing 58 USCA Case Number 17-17144 9th Circuit Court of Appeals for #57 Notice of Appeal, filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc.. (cv, COURT STAFF) (Filed on 10/20/2017) |
| Filing 57 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Appeal fee of $505 receipt number 0971-11813760 paid.) w/ Representation Statement Attached (Kilmer, Donald) (Filed on 10/20/2017) |
| Filing 56 JUDGMENT. Signed by Judge Edward J. Davila on 10/3/2017. (ejdlc2S, COURT STAFF) (Filed on 10/3/2017) |
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Filing 55
ORDER GRANTING #22 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING #28 PLAINTIFFS' CROSS-MOTION FOR SUMMARY JUDGMENT. The Clerk shall close this file. (ejdlc2S, COURT STAFF) (Filed on 9/29/2017)
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| Filing 54 Letter Brief of Plaintiffs filed byCalguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 8/15/2017) |
| Filing 53 Letter Brief Ltr. Brief to Court Panzella filed byCity Of San Jose, City of San Jose Police Department, Steven Valentine. (Greenberg, Clifford) (Filed on 8/15/2017) |
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Filing 52
ORDER GRANTING #50 MOTION FOR LEAVE TO FILE LETTER BRIEF RE: SUPPLEMENTAL AUTHORITY. Signed by Judge Edward J. Davila on 8/1/2017. (ejdlc2S, COURT STAFF) (Filed on 8/1/2017)
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| Filing 51 Proposed Order re #50 MOTION for Leave to File Letter Brief re: Panzella v. Sposato, et al., by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 7/26/2017) Modified on 7/26/2017 (cv, COURT STAFF). |
| Filing 50 MOTION for Leave to File Letter Brief re: Notice of supplemental authority Panzella v. Sposato, et al., filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. Responses due by 7/31/2017. (Kilmer, Donald) (Filed on 7/26/2017) Modified on 7/26/2017 (cv, COURT STAFF). |
| Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #50 ADMINISTRATIVE MOTION Notice of Supplemental Authority, Leave to File Letter Brief re: Panzella v. Sposato, et al., filed by Lori Rodriguez, Second Amendment Foundation, Inc., Calguns Foundation, Inc. (cv, COURT STAFF) (Filed on 7/26/2017) |
| Filing 49 Letter Brief on Supplemental Authority re #48 Letter Brief, #47 Order on Motion for Miscellaneous Relief filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 5/30/2017) Modified on 5/31/2017 (bwS, COURT STAFF). |
| Filing 48 Letter Brief re #47 Order on Motion for Miscellaneous Relief filed byCity Of San Jose, City of San Jose Police Department, Steven Valentine. (Related document(s) #47 ) (Greenberg, Clifford) (Filed on 5/25/2017) |
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Filing 47
ORDER GRANTING #45 ADMINISTRATIVE MOTION FOR LEAVE TO BRIEF RECENT DEVELOPMENT. Signed by Judge Edward J. Davila on 5/16/2017. (ejdlc2S, COURT STAFF) (Filed on 5/16/2017)
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| Filing 46 Proposed Order re #45 ADMINISTRATIVE MOTION & Notice of Supplemental Authority by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 5/8/2017) |
| Filing 45 ADMINISTRATIVE MOTION that the Court permit the parties to submit letter briefs & Notice of Supplemental Authority filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. Responses due by 5/12/2017. (Kilmer, Donald) (Filed on 5/8/2017) Modified on 5/8/2017 (cv, COURT STAFF). |
| Filing 44 Minute Entry for proceedings held before Hon. Edward J. Davila: Motion Hearing held on 11/10/2016 re #22 Motion for Summary Judgment. The Court heard oral argument. The Court took the matter under submission. Court to issue order. Plaintiff Attorney Don Kilmer. Defendant Attorney Clifford Greenberg. Total Time in Court:9:54-10:44am(50 Mins.) Court Reporter: Irene Rodriguez. This is a text only Minute Entry (amkS, COURT STAFF) (Date Filed: 11/10/2016) |
| Filing 43 REPLY (re #28 OPPOSITION to Def's Motion for Summary Judgment ) filed byCalguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 10/7/2016) |
| Filing 42 Statement Moving Responsive Separate Statement in Opposition to Cross MSJ by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/30/2016) |
| Filing 41 DECLARATION of Mark Vanni in Opposition to #40 Opposition/Response to Motion Cross MSJ filed byCity Of San Jose, Steven Valentine. (Related document(s) #40 ) (Vanni, Mark) (Filed on 9/30/2016) |
| Filing 40 RESPONSE (re #28 OPPOSITION to Def's Motion for Summary Judgment ) Cross-MSJ filed byCity Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/30/2016) |
| Filing 39 ERRATA re #36 Declaration in Opposition, Correct copies of Exhibits C and D by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Attachments: #1 Exhibit C, #2 Exhibit D)(Kilmer, Donald) (Filed on 9/21/2016) |
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Filing 38
ORDER re #34 Stipulation to extend time for plaintiff's filing of opposition and cross motion for summary judgment. Signed by Judge Edward J. Davila on 9/20/2016. (amkS, COURT STAFF) (Filed on 9/20/2016)
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| Filing 37 Proposed Order Re: Summary Judgment by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) |
| Filing 36 DECLARATION of Attorney Kilmer in Opposition to #35 Opposition/Response to Motion and in Support of Cross-Motion (Replaces Doc #33 ) filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #35 ) (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 35 OPPOSITION to (re #22 MOTION for Summary Judgment ) and Plaintiffs' Cross-Motion for Summary Judgment filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 34 STIPULATION to extend time and substitute - Opposition to #22 Defendants Motion for Summary Judgment and/or Partial Summary Judgment filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 33 *** POSTED IN ERROR *** please see #36 Declaration of Donald Kilmer filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 32 RESPONSE Sep Statement of Facts in opposition to #22 Def's Motion for Summary Judgment and Separate Statement in support of cross-motion for summary judgment or partial summary adjudication filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). Modified text on 9/16/2016,(to conform with document posted by counsel. (cv, COURT STAFF). |
| Filing 31 Declaration of Lori Rodriguez in Support of Cross-Motion for Summary Judgment and Opposing #22 Def's Motion for Summary Judment filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 30 Declaration of Brandon Combs in Support of Cross-Motion for Summary Judgment and Opposing #22 Def's Motion for Summary Judment filed byCalguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 29 Declaration of Alan Gottlieb in Support of Cross-Motion for Summary Judgment and Opposing #22 Def's Motion for Summary Judment filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 9/16/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 28 OPPOSITION to #22 Def's Motion for Summary Judgment or partial summary adjudication and Plaintiff's CROSS-MOTION for summary judgment or partial summary adjudication filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. Motion Hearing set for 11/10/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 9/30/2016. Replies due by 10/7/2016. (Kilmer, Donald) (Filed on 9/16/2016) Modified text on 9/16/2016, to conform with document posted by counsel.) (cv, COURT STAFF). Modified on 9/16/2016 (amkS, COURT STAFF). |
| Filing 27 ERRATA Table of Authorities is missing a page number. That citation is found on page 6. re #22 MOTION for Summary Judgment by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/14/2016) Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 26 Proposed Order Granting City's #22 Motion for Summary Judgment by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/1/2016) Modified on 9/1/2016 (cv, COURT STAFF). |
| Filing 25 Moving Separate Statement of Material Facts and Evidence in support of #22 Motion for Summary Judgment by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/1/2016) Modified on 9/1/2016 (cv, COURT STAFF). Modified on 9/16/2016 (cv, COURT STAFF). |
| Filing 24 Request for Judicial Notice in support of #22 MOTION FOR SUMMARY JUDGMENT filed by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/1/2016) Modified on 9/1/2016 (cv, COURT STAFF). |
| Filing 23 Declaration of MARK VANNI in support of #22 MOTION FOR SUMMARY JUDGMENT filed by City Of San Jose, Steven Valentine. (Vanni, Mark) (Filed on 9/1/2016) Modified on 9/1/2016, Not Linked (cv, COURT STAFF). |
| Filing 22 MOTION for Summary Judgment or, in the Alternative MOTION for partial Summary Judgment filed by City Of San Jose, Steven Valentine. Motion Hearing set for 11/10/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 9/15/2016. Replies due by 9/22/2016. (Vanni, Mark) (Filed on 9/1/2016) Modified on 9/1/2016,( counsel failed to select multiple motions.) (cv, COURT STAFF). |
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Filing 21
Order Granting #20 Stipulation re: Doe Defendants. The time foramendment of the pleadings for purposes of substitution of Doe Defendants ismodified to July 14, 2016. All other orders and deadlines remain in effect. Signed by Hon. Edward J. Davila on 4/29/2016(ecg, COURT STAFF) (Filed on 4/29/2016)
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| Filing 20 STIPULATION WITH PROPOSED ORDER re: Doe Defendants filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 4/28/2016) |
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Filing 19
CASE MANAGEMENT ORDER. Based on the parties' Joint Case Management Statement and proposed schedule, the Court has determined an appearance is unnecessary at this time. Accordingly, the 2/25/2016 Case Management Conference is VACATED and the parties are ordered to comply with the following schedule: The deadline for joinder of any additional parties, or other amendments to the pleadings, is sixty days after entry of this order. The parties' request for relief from the undersigneds standing order with respect to summary judgment briefing is DENIED. All motions for summary judgment, partial summary judgment or summary adjudication must comply with Section IV of the Standing Order for Civil Cases. Fact Discovery cutoff 7/1/2016. Deadline to File Dispositive Motions due by 9/1/2016. Expert Discovery cutoff 10/28/2016. Motion Hearing set for 11/10/2016 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 2/19/2016. (ecg, COURT STAFF) (Filed on 2/22/2016)
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| Filing 18 JOINT CASE MANAGEMENT STATEMENT (for both parties) filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 2/16/2016) |
| Filing 17 Certificate of Interested Entities by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc. (Kilmer, Donald) (Filed on 2/11/2016) |
| Filing 16 NOTICE by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc. Certificate of Initial Disclosure (Kilmer, Donald) (Filed on 1/20/2016) |
| Filing 15 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kilmer, Donald) (Filed on 1/20/2016) |
| Filing 14 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Vanni, Mark) (Filed on 1/20/2016) |
| Filing 13 ANSWER to Complaint with Jury Demand byCity Of San Jose, City of San Jose Police Department, Steven Valentine. (Vanni, Mark) (Filed on 1/11/2016) |
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Filing 12
ORDER granting #11 Stipulation TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE, ADR CERTIFICATION AND RULE 26(f)REPORT. The Initial Case Management Conference is continued to February 25, 2016 at 10:00 a.m. Signed by Judge Edward J. Davila on 11/4/2015. (ejdlc1S, COURT STAFF) (Filed on 11/4/2015)
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| Filing 11 STIPULATION WITH PROPOSED ORDER (revised after reassignment) filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 11/4/2015) |
| Set Deadlines/Hearings: Case Management Statement due by 2/18/2016. Initial Case Management Conference set for 2/25/2016 10:00 AM in Courtroom 4, 5th Floor, San Jose. (ejdlc1S, COURT STAFF) (Filed on 11/4/2015) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Edward J. Davila for all further proceedings and Magistrate Judge Howard R. Lloyd remains the Referral Judge for this case. Signed by the Executive Committee on 10/29/15. (srnS, COURT STAFF) (Filed on 10/28/2015)
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| Filing 9 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. (pmc, COURT STAFF) (Filed on 10/28/2015) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City Of San Jose, City of San Jose Police Department.. (Vanni, Mark) (Filed on 10/28/2015) |
| Filing 7 STIPULATION WITH PROPOSED ORDER to continue Case Managment Conference and other due dates filed by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc.. (Kilmer, Donald) (Filed on 10/21/2015) |
| Filing 6 WAIVER OF SERVICE Returned Executed filed by Lori Rodriguez, Calguns Foundation, Inc., Second Amendment Foundation, Inc.. Service waived by All Defendants. (Kilmer, Donald) (Filed on 10/21/2015) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Calguns Foundation, Inc., Lori Rodriguez, Second Amendment Foundation, Inc... (Kilmer, Donald) (Filed on 8/27/2015) |
| Filing 4 Summons Issued as to City Of San Jose, City of San Jose Police Department, Steven Valentine. (cv, COURT STAFF) (Filed on 8/13/2015) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/3/2015. Case Management Conference set for 11/10/2015 01:30 AM in Courtroom 2, 5th Floor, San Jose. (cv, COURT STAFF) (Filed on 8/13/2015) |
| Filing 2 Case assigned to Magistrate Judge Howard R. Lloyd. 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. (as, COURT STAFF) (Filed on 8/13/2015) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-9754005.). Filed byLori Rodriguez, Calguns Foundation, Inc., Second Amendment Foundation, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Kilmer, Donald) (Filed on 8/12/2015) |
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