Duncan et al v. Becerra et al
Plaintiff: Christopher Waddell, Patrick Lovette, Richard Lewis, California Rifle & Pistol Association, Incorporated, Virginia Duncan and David Marguglio
Defendant: Xavier Becerra and Does 1-10
Petitioner: Law Center to Prevent Gun Violence and Everytown for Gun Safety
Case Number: 3:2017cv01017
Filed: May 17, 2017
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Roger T Benitez
Referring Judge: Jill L Burkhardt
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983cv
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 25, 2019 Filing 102 DECLARATION re #88 Clerk's Judgment,,, by Defendant Xavier Becerra. (Echeverria, John) (anh).
April 18, 2019 Opinion or Order Filing 101 ORDER Granting Joint Motion to Stay Litigation of Attorneys' Fees and Costs Pending Appeal. Signed by Judge Roger T. Benitez on 4/16/2019. (anh)
April 12, 2019 Filing 100 Joint MOTION to Stay Litigation of Attorneys' Fees and Costs Pending Appeal by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
April 4, 2019 Filing 99 USCA Time Schedule Order as to #96 Notice of Appeal to the 9th Circuit filed by Xavier Becerra. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/6/2019 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/3/2019.) (cc: Court Reporter). (Attachments: #1 Transcript Designation and Ordering Form). (akr)
April 4, 2019 Filing 98 USCA Case Number 19-55376 for #96 Notice of Appeal to the 9th Circuit filed by Xavier Becerra. (akr)
April 4, 2019 Opinion or Order Filing 97 ORDER Staying In Part Judgment Pending Appeal. Signed by Judge Roger T. Benitez on 4/4/2019. (anh)
April 4, 2019 Filing 96 NOTICE OF APPEAL to the 9th Circuit as to #87 Order, #88 Clerk's Judgment, by Xavier Becerra. (Filing fee $ 505 receipt number 0974-12373646.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Echeverria, John). (Modified on 4/4/2019: Edited docket text re linked Order.) (akr).
April 4, 2019 Filing 95 RESPONSE in Support re #89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal filed by Xavier Becerra. (Echeverria, John) (jms).
April 3, 2019 Filing 94 RESPONSE in Opposition re #89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Declaration of Anna M. Barvir, #2 Declaration of Charles David Wylie, Jr.)(Barvir, Anna) (anh).
April 3, 2019 Filing 93 RESPONSE in Opposition re #89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
April 3, 2019 Filing 92 NOTICE of Withdrawal of Document Number 90 by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell re #90 Response in Opposition to Motion (Barvir, Anna) (anh).
April 2, 2019 Filing 91 RESPONSE in Support re #89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal filed by Xavier Becerra. (Echeverria, John) (anh).
April 2, 2019 Filing 90 **DOCUMENT WITHDRAWN PER DOC. NO. #92 ** RESPONSE in Opposition re #89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal filed by Virginia Duncan. (Barvir, Anna) (anh). QC EMail Sent re: Missing signatures (anh). (anh).
April 1, 2019 Filing 89 Ex Parte MOTION to Stay re #88 Clerk's Judgment,,, Pending Appeal by Xavier Becerra. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Echeverria, John) (anh).
March 29, 2019 Filing 88 CLERK'S JUDGMENT. IT IS SO ORDERED AND ADJUDGED Plaintiffs' motion for summary judgment is granted. California Penal Code 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310. Defendant Becerra shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice.(aef)
March 29, 2019 Opinion or Order Filing 87 ORDER Granting #50 Plaintiffs' Motion for Summary Judgment, Declaring California Penal Code 32310 Unconstitutional and Enjoining Enforcement. Plaintiffs' motion for summary judgment is granted. California Penal Code 32310 is hereby declared to be unconstitutional in its entirety and shall be enjoined. Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the existence of this injunction order, are enjoined from enforcing California Penal Code section 32310. Defendant Becerra shall provide, by personal service or otherwise, actual notice of this order to all law enforcement personnel who are responsible for implementing or enforcing the enjoined statute. The government shall file a declaration establishing proof of such notice. Signed by Judge Roger T. Benitez on 3/29/2019. (aef)
February 13, 2019 Filing 86 NOTICE of Filing Amicus Brief in Wiese v. Becerra by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell (Barvir, Anna) (rmc).
February 12, 2019 Opinion or Order Filing 85 ORDER Granting Joint Motion and Issuing Sixth Amended Scheduling Order [ECF Nos. #81 , #84 ]. Signed by Magistrate Judge Jill L. Burkhardt on 2/12/2019. (anh)
February 1, 2019 Filing 84 Joint MOTION to Amend/Correct #81 Order on Motion to Amend/Correct Scheduling Order by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
December 11, 2018 Filing 83 NOTICE of Supplemental Authority by Xavier Becerra (Echeverria, John) (anh).
November 27, 2018 Filing 82 NOTICE of Supplemental Authority by Xavier Becerra (Echeverria, John) (anh).
November 6, 2018 Opinion or Order Filing 81 ORDER Granting Joint Motion and Issuing Fifth Amended Scheduling Order [ECF Nos. #74 , #78 ]. Signed by Magistrate Judge Jill L. Burkhardt on 11/6/2018. (anh)
November 1, 2018 Filing 80 MANDATE of USCA affirming the decision of the USDC as to #32 Notice of Appeal to the 9th Circuit filed by Xavier Becerra. (akr)
October 31, 2018 Opinion or Order Filing 79 ORDER of USCA as to #32 Notice of Appeal to 9th Circuit filed by Xavier Becerra. A judge requested a vote on whether to rehear this case en banc pursuant to Federal Rule of Appellate Procedure 35(a). After reviewing the supplemental briefing submitted by the parties, the request has been withdrawn. The mandate shall issue forthwith. (akr)
October 30, 2018 Filing 78 Joint MOTION to Amend/Correct #74 Order on Motion to Amend/Correct, Scheduling Order by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (rmc).
October 26, 2018 Opinion or Order Filing 77 ORDER of USCA as to #32 Notice of Appeal to 9th Circuit, filed by Xavier Becerra. The mandate issued on October 24, 2018 is recalled as issued in error. (akr)
October 26, 2018 Filing 76 NOTICE of Supplemental Authority by Xavier Becerra (Echeverria, John) (anh).
October 26, 2018 Filing 75 ***RECALLED AS ISSUED IN ERROR PER #77 ORDER OF USCA***: MANDATE of USCA affirming the decision of the USDC as to #32 Notice of Appeal to the 9th Circuit filed by Xavier Becerra. (akr). (Modified on 10/26/2018: This Mandate has been recalled by the USCA.) (akr).
September 28, 2018 Opinion or Order Filing 74 ORDER granting Joint Motion and Issuing Fourth Amended Scheduling Order [ECF Nos. #72 , #73 ] Memorandum of Contentions of Fact and Law due by 11/9/2018. Proposed Pretrial Order due by 12/7/2018. Final Pretrial Conference set for 12/18/2018 10:30 AM before Judge Roger T. Benitez.. Signed by Magistrate Judge Jill L. Burkhardt on 9/28/2018. (anh)
September 25, 2018 Filing 73 Joint MOTION to Amend/Correct #72 Order on Motion to Amend/Correct, Scheduling Order by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
August 27, 2018 Opinion or Order Filing 72 ORDER Granting #71 Joint Motion And Issuing Third Amended Scheduling Order. Memorandum of Contentions of Fact and Law due by September 7, 2018 is reset for October 5, 2018. Proposed Pretrial Order due by October 5, 2018 is reset for November 2, 2018. Final Pretrial Conference scheduled for October 16, 2018 is reset for Tuesday, November 13, 2018 at 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Jill L. Burkhardt on 8/27/2018. (sjm)
August 23, 2018 Filing 71 Joint MOTION to Amend/Correct #68 Order on Motion to Amend/Correct, Scheduling Order by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
August 22, 2018 Opinion or Order Filing 70 ORDER of USCA as to #32 Notice of Appeal to 9th Circuit, filed by Xavier Becerra. A judge of the USCA has called for a vote to determine whether this case will be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a). Within 21 days of the filed date of this order, the parties shall file simultaneous briefs addressing their respective positions on whether this case should be reheard en banc. Instructions issued. (akr)
August 6, 2018 Filing 69 NOTICE of Supplemental Authority by Xavier Becerra (Echeverria, John) (anh).
July 27, 2018 Opinion or Order Filing 68 ORDER granting #66 Joint Motion of the Parties to Amend Scheduling Order Memorandum of Contentions of Fact and Law due by 9/7/2018. Proposed Pretrial Order due by 10/5/2018. Final Pretrial Conference set for 10/16/2018 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Jill L. Burkhardt on 7/27/2018. (anh)
July 26, 2018 Filing 67 NOTICE of Supplemental Authority re: Young v. State of Hawaii by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell (Barvir, Anna) (anh).
July 24, 2018 Filing 66 Joint MOTION to Amend/Correct #59 Order on Motion to Set Aside, Scheduling Order by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) M (anh).
June 21, 2018 Filing 65 REPLY - Other re #62 Response in Opposition to Motion for Summary Judgment filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
June 21, 2018 Filing 64 RESPONSE in Opposition re #50 MOTION for Summary Judgment filed by Xavier Becerra. (Echeverria, John) (anh).
June 11, 2018 Filing 63 RESPONSE in Support re #50 MOTION for Summary Judgment filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Declaration of Anna M. Barvir)(Barvir, Anna) (anh).
June 11, 2018 Filing 62 RESPONSE in Opposition re #50 MOTION for Summary Judgment filed by Xavier Becerra. (Echeverria, John) (anh).
May 22, 2018 Filing 61 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/10/2018, before Judge Roger T. Benitez. Court Reporter/Transcriber: Juliet Y. Eichenlaub. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/12/2018. Redacted Transcript Deadline set for 6/22/2018. Release of Transcript Restriction set for 8/20/2018. (akr)
May 10, 2018 Filing 60 Minute Entry for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 5/10/2018 re #50 MOTION for Summary Judgment filed by Virginia Duncan, Patrick Lovette, David Marguglio, California Rifle & Pistol Association, Incorporated, Christopher Waddell. Post-hearing 25-page briefs due to the Court within 30 days from today's hearing. Response briefs due to the Court within 10 days thereafter. (Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Clint B. Monfort, Anna M. Barvir). (Defendant Attorney John Darrow Echeverria). (no document attached) (gxr)
April 24, 2018 Opinion or Order Filing 59 Amended Scheduling ORDER; denying #52 Motion to Set Aside. Final Pretrial Conference set for 9/10/2018 10:30 AM before Judge Roger T. Benitez. Memorandum of Contentions of Fact and Law due by 8/3/2018. Proposed Pretrial Order due by 8/31/2018. Signed by Magistrate Judge Jill L. Burkhardt on 4/24/2018. (anh)
April 24, 2018 Opinion or Order Filing 58 Minute Order by Judge Roger T. Benitez: Resetting Hearing date re #50 MOTION for Summary Judgment . Motion Hearing set for 4/30/2018 is vacated and reset for 5/10/2018 10:00 AM before Judge Roger T. Benitez.(no document attached) (jak)
April 23, 2018 Filing 57 REPLY - Other re #53 Response in Opposition to Motion,,,,,,,,,, filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Declaration of Anna M. Barvir in Support of Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment; Exhibits 87-88, #2 Supplement Objections to Evidence Filed in Support of Defendant's Opposition to Motion for Summary Judgment)(Barvir, Anna) (anh).
April 18, 2018 Filing 56 Brief of Amicus Curiae Everytown For Gun Safety in Support of #53 Defendant's Opposition to Plaintiffs' Motion for Summary judgment or, Alternatively, Partial Summary Judgment by Movant Everytown for Gun Safety. (anh)
April 18, 2018 Opinion or Order Filing 55 ORDER granting #54 Motion of Everytown for Gun Safety for Leave to Participate As Amicus Curiae. Signed by Judge Roger T. Benitez on 4/18/2018. (anh)
April 16, 2018 Filing 54 MOTION for Leave to File /Participate as Amicus Curiae by Everytown for Gun Safety. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order, #3 Proposed Amicus Brief)(Potischman, Neal) QC Mailer Sent Re: Proposed Order (anh).
April 9, 2018 Filing 53 RESPONSE in Opposition re #50 MOTION for Summary Judgment or, Alternatively, Partial Summary Judgment filed by Xavier Becerra. (Attachments: #1 Request for Judicial Notice in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment; Declaration of John D. Echeverria, #2 Declaration of Blake Graham in Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #3 Declaration of Ken James in Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #4 Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment; Exhibits 1-3, #5 Exhibit 4-6 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #6 Exhibit 7-11 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #7 Exhibit 12-15 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #8 Exhibit 16-19 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #9 Exhibit 20-23 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #10 Exhibit 24-28 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #11 Exhibit 29-33 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #12 Exhibit 34-43 to the Declaration of John D. Echeverria in Support of Defendant's Opposition to Plaintiffs' Motion for Summary Judgment or, Alternatively, Partial Summary Judgment, #13 Notice of Defendant's Objections to Evidence Filed in Support of Plaintiffs' Motion for Summary Judgment, #14 Proof of Service)(Echeverria, John) (anh).
April 9, 2018 Filing 52 Joint MOTION to Set Aside Upcoming Pretrial Deadlines Pending Resolution of Plaintiffs' Motion for Summary Judgment by Xavier Becerra. (Attachments: #1 Proof of Service)(O'Brien, Anthony) (anh).
March 16, 2018 Filing 51 NOTICE of Appearance by John Darrow Echeverria on behalf of Xavier Becerra (Echeverria, John)Attorney John Darrow Echeverria added to party Xavier Becerra(pty:dft) (anh).
March 5, 2018 Filing 50 MOTION for Summary Judgment by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Summary Judgment, #2 Request for Judicial Notice in Support of Plaintiffs' Motion for Summary Judgment, #3 Declaration of Virginia Duncan in Support of Plaintiffs' Motion for Summary Judgment, #4 Declaration of David Marguglio in Support of Plaintiffs' Motion for Summary Judgment, #5 Declaration of Patrick Lovette in Support of Plaintiffs' Motion for Summary Judgment, #6 Declaration of Christopher Waddell in Support of Plaintiffs' Motion for Summary Judgment, #7 Declaration of Richard Francis Travis in Support of Plaintiffs' Motion for Summary Judgment, #8 Declaration of Anna M. Barvir in Support of Plaintiffs' Motion for Summary Judgment; Exhibits 1-5, #9 Exhibit 6-9 to the Declaration of Anna M. Barvir, #10 Exhibit 10-19 to the Declaration of Anna M. Barvir, #11 Exhibit 20-26 to the Declaration of Anna M. Barvir, #12 Exhibit 27-30 to the Declaration of Anna M. Barvir, #13 Exhibit 31-32 to the Declaration of Anna M. Barvir, #14 Exhibit 33-42 to the Declaration of Anna M. Barvir, #15 Exhibit 43-51 to the Declaration of Anna M. Barvir, #16 Exhibit 52 Part 1 of 2 to the Declaration of Anna M. Barvir, #17 Exhibit 52 Part 2 of 2 to Exhibit 55 to the Declaration of Anna M. Barvir, #18 Exhibit 56-68 to the Declaration of Anna M. Barvir, #19 Proof of Service)(Barvir, Anna) (anh).
March 2, 2018 Filing 49 Joint MOTION to Adopt Stipulated Briefing Schedule for Plaintiffs' Motion for Summary Judgment by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna)(anh).
January 9, 2018 Opinion or Order Filing 48 ORDER granting #47 Plaintiffs' Unopposed Motion For Dismissal of Plaintiff Richard Lewis. Richard Lewis terminated. Signed by Judge Roger T. Benitez on 1/9/2018. (anh)
December 28, 2017 Filing 47 MOTION to Dismiss Party Plaintiff Richard Lewis by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna) (anh).
December 5, 2017 Opinion or Order Filing 46 ORDER granting #45 Motion for Extension of Time to File Motions for Summary Judgment. Signed by Magistrate Judge Jill L. Burkhardt on 12/5/2017. (anh)
December 1, 2017 Filing 45 Joint MOTION for Extension of Time to File Motions for Summary Judgment by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Proof of Service)(Barvir, Anna) (anh).
October 10, 2017 Opinion or Order Filing 44 ORDER Denying #39 Motion to Stay Proceedings. Signed by Judge Roger T. Benitez on 10/10/2017. (knb)
September 7, 2017 Opinion or Order Filing 43 ORDER of USCA as to #32 Notice of Appeal to 9th Circuit, filed by Xavier Becerra. Appellant's unopposed motion for a second extension of time to file the opening brief is granted. Briefing schedule issued. (akr)
September 5, 2017 Filing 42 REPLY to Response to Motion re #39 MOTION to Stay Proceedings Pending Appeal filed by Xavier Becerra. (Gordon, Alexandra) (knb).
August 29, 2017 Filing 41 Minute Order issued by the Honorable Roger T. Benitez: Submitting #39 MOTION to Stay Proceedings Pending Appeal. Court to issue written Order. Motion Hearing date of 9/11/2017 10:30AM is hereby vacated. (no document attached) (gxr)
August 28, 2017 Filing 40 RESPONSE in Opposition re #39 MOTION to Stay Proceedings Pending Appeal filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Barvir, Anna)
August 7, 2017 Filing 39 MOTION to Stay Proceedings Pending Appeal by Xavier Becerra. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Stay Proceedings Pending Appeal, #2 Proposed Order, #3 Proof of Service)(Gordon, Alexandra) (knb).
August 4, 2017 Opinion or Order Filing 38 SCHEDULING ORDER: Memorandum of Contentions of Fact and Law due by 5/4/2018. Proposed Pretrial Order due by 5/25/2018. Final Pretrial Conference set for 6/4/2018 10:30 AM before Judge Roger T. Benitez. Signed by Magistrate Judge Jill L. Burkhardt on 8/4/2017.(knb)
August 2, 2017 Filing 37 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Telephonic Early Neutral Evaluation Conference held on 8/2/2017. The case did not settle. Telephonic Case Management Conference held on 8/2/2017. Scheduling order to follow. (Plaintiff Attorney Anna M. Barvir). (Defendant Attorney Alexandra Robert Gordon). (no document attached) (smm)
August 2, 2017 Filing 36 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings (Motion Hearing) held on 6/13/2017, before Judge Roger T. Benitez. Court Reporter/Transcriber: Deborah M. O'Connell. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/23/2017. Redacted Transcript Deadline set for 9/5/2017. Release of Transcript Restriction set for 10/31/2017. (akr)
July 28, 2017 Opinion or Order Filing 35 ORDER of USCA as to #32 Notice of Appeal to 9th Circuit, filed by Xavier Becerra. The appeal filed July 27, 2017 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the USDC that will be included in the record on appeal. Briefing schedule issued and instructions issued. Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. (akr)
July 28, 2017 Filing 34 USCA Case Number 17-56081 for #32 Notice of Appeal to 9th Circuit, filed by Xavier Becerra. (akr)
July 27, 2017 Filing 33 NOTICE of Representation Statement re #32 Notice of Appeal, by Xavier Becerra. (Gordon, Alexandra). (Modified on 7/27/2017: Added link to Notice of Appeal.) (akr).
July 27, 2017 Filing 32 NOTICE OF APPEAL to the 9th Circuit as to #28 Order granting Motion for Preliminary Injunction, by Xavier Becerra. (Filing fee $ 505 receipt number 0974-10288817.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Gordon, Alexandra). (Main Document 32 replaced on 7/27/2017 with printed .pdf of document, which was originally e-filed as an active fillable form. Edited docket text re linked Order.) (akr).
July 19, 2017 Filing 31 REPORT of Rule 26(f) Planning Meeting. (Barvir, Anna)
July 12, 2017 Filing 30 DECLARATION re #28 Order on Motion for Preliminary Injunction Re: Notice of Order by Defendant Xavier Becerra. (Gordon, Alexandra) (knb).
July 6, 2017 Opinion or Order Filing 29 NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 8/2/2017 02:45 PM in chambers before Magistrate Judge Jill L. Burkhardt. In the event the case does not settle at the ENE, a Case Management Conference is set for August 2, 2017 and will be held at the conclusion of the ENE Conference. Joint Discovery Plan due 7/21/2017. Signed by Magistrate Judge Jill L. Burkhardt on 7/6/2017.(knb)
June 29, 2017 Opinion or Order Filing 28 ORDER Granting #6 Motion for Preliminary Injunction. Signed by Judge Roger T. Benitez on 6/29/2017. (knb)
June 15, 2017 Filing 27 NOTICE OF RELATED CASE(S) by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell of case(s) 2:17-cv-00903-WBS-KJN . (Michel, Carl) Proposed Now Number Order not prepared - related case in different district on 6/16/2017 (knb).
June 13, 2017 Filing 26 Minute Order for proceedings held before Judge Roger T. Benitez: Motion Hearing held on 6/13/2017. Submitting #6 MOTION for Preliminary Injunction filed by Virginia Duncan, Patrick Lovette, David Marguglio, California Rifle & Pistol Association, Incorporated, Christopher Waddell, Richard Lewis. Court to issue written Order. (Court Reporter/ECR Debbie OConnell). (Plaintiff Attorney Clint B. Monfort, Sean A. Brady).(Defendant Attorney Alexandra Robert Gordon). (no document attached) (gxr)
June 12, 2017 Filing 25 ANSWER to #1 Complaint, by Xavier Becerra.(Gordon, Alexandra)
June 12, 2017 Filing 24 OBJECTION by Xavier Becerra re #23 Reply to Response to Motion,, Barvir and Kleck declarations. (Gordon, Alexandra)
June 9, 2017 Filing 23 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Law Center to Prevent Gun Violence, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Supplement Objections to Defendants' Evidence in Support of Opposition to Motion for Preliminary Injunction, #2 Declaration of Anna M. Barvir in Support of Motion for Preliminary Injunction, #3 Declaration of Gary Kleck in Support of Motion for Preliminary Injunction)(Michel, Carl) (knb).
June 7, 2017 Filing 22 NOTICE of Appearance by Sean Brady on behalf of California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell (Brady, Sean)Attorney Sean Brady added to party California Rifle & Pistol Association, Incorporated(pty:pla), Attorney Sean Brady added to party Virginia Duncan(pty:pla), Attorney Sean Brady added to party Richard Lewis(pty:pla), Attorney Sean Brady added to party Patrick Lovette(pty:pla), Attorney Sean Brady added to party David Marguglio(pty:pla), Attorney Sean Brady added to party Christopher Waddell(pty:pla)
June 7, 2017 Filing 21 Joint MOTION for Extension of Time to File Answer by Xavier Becerra. (O'Brien, Anthony)
June 7, 2017 Filing 20 NOTICE of Appearance by Anna M. Barvir on behalf of California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell (Barvir, Anna)Attorney Anna M. Barvir added to party California Rifle & Pistol Association, Incorporated(pty:pla), Attorney Anna M. Barvir added to party Virginia Duncan(pty:pla), Attorney Anna M. Barvir added to party Richard Lewis(pty:pla), Attorney Anna M. Barvir added to party Patrick Lovette(pty:pla), Attorney Anna M. Barvir added to party David Marguglio(pty:pla), Attorney Anna M. Barvir added to party Christopher Waddell(pty:pla)
June 6, 2017 Filing 19 NOTICE of Appearance by Anthony P O'Brien on behalf of Xavier Becerra (O'Brien, Anthony)Attorney Anthony P O'Brien added to party Xavier Becerra(pty:dft)
June 5, 2017 Filing 18 Exhibit List 16-108 re #17 AFFIDAVIT in Opposition by Xavier Becerra. (Attachments: #1 Exhibit 25-43, #2 Exhibit 44-54, #3 Exhibit 55-56, #4 Exhibit 57-62, #5 Exhibit 63-69, #6 Exhibit 70-73, #7 Exhibit 74-76, #8 Exhibit 77-84, #9 Exhibit 85-108)(Gordon, Alexandra) (knb).
June 5, 2017 Filing 17 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction of Alexandra Robert Gordon filed by Xavier Becerra. (Attachments: #1 Exhibits 1-15 to Dec of Alexandra Robert Gordon)(Gordon, Alexandra) (knb).
June 5, 2017 Filing 16 Amicus Curiae Appearance entered by Anthony P Schoenberg on behalf of Law Center to Prevent Gun Violence. (Attachments: #1 Exhibit A to Brief of Amicus Curiae Law Center to Prevent Gun Violence in Support of Defendant's Opposition to Plaintiffs' Motion for Preliminary Injunction)(Schoenberg, Anthony) (knb).
June 5, 2017 Filing 15 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction by Daniel W. Webster filed by Xavier Becerra. (Gordon, Alexandra) (knb).
June 5, 2017 Filing 14 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction by Ken James filed by Xavier Becerra. (Gordon, Alexandra) (knb).
June 5, 2017 Filing 13 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction by Blake Graham filed by Xavier Becerra. (Gordon, Alexandra) (knb).
June 5, 2017 Filing 12 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction by John Donohue filed by Xavier Becerra. (Gordon, Alexandra) (knb).
June 5, 2017 Filing 11 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction of Lucy Allen filed by Xavier Becerra. (Gordon, Alexandra) (knb).
June 5, 2017 Filing 10 MOTION for Leave to File Brief of Amicus Curiae by Law Center to Prevent Gun Violence. (Attachments: #1 Memo of Points and Authorities in Support of Motion for Leave to Participate as Amicus Curiae)(Schoenberg, Anthony)Attorney Anthony P Schoenberg added to party Law Center to Prevent Gun Violence(pty:mov) (knb).
June 5, 2017 Filing 9 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction filed by Xavier Becerra. (Gordon, Alexandra) (knb).
May 30, 2017 Filing 8 AMENDED DOCUMENT by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. Amendment to #6 MOTION for Preliminary Injunction Certificate of Service. (Michel, Carl) (knb).
May 30, 2017 Filing 7 NOTICE of Appearance by Alexandra Robert Gordon on behalf of Xavier Becerra (Gordon, Alexandra)Attorney Alexandra Robert Gordon added to party Xavier Becerra(pty:dft)
May 26, 2017 Filing 6 MOTION for Preliminary Injunction by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Preliminary Injunction, #2 Declaration of Anna M. Barvir in Support of Plaintiffs' Motion for Preliminary Injunction, #3 Exhibit F-G to Declaration of Anna M. Barvir, #4 Exhibit H-V to Declaration of Anna M. Barvir, #5 Exhibit W-GG to Declaration of Anna M. Barvir, #6 Exhibit HH-RR to Declaration of Anna M. Barvir, #7 Exhibit SS-LLL to Declaration of Anna M. Barvir, #8 Declaration of Massad Ayoob in Support of Plaintiffs' Motion for Preliminary Injunction, #9 Declaration of James Curcuruto in Support of Plaintiffs' Motion for Preliminary Injunction, #10 Declaration of Steven Helsley in Support of Plaintiffs' Motion for Preliminary Injunction, #11 Declaration of Gary Kleck in Support of Plaintiffs' Motion for Preliminary Injunction, #12 Declaration of Virginia Duncan in Support of Plaintiffs' Motion for Preliminary Injunction, #13 Declaration of Richard Lewis in Support of Plaintiffs' Motion for Preliminary Injunction, #14 Declaration of Patrick Lovette in Support of Plaintiffs' Motion for Preliminary Injunction, #15 Declaration of David Marguglio in Support of Plaintiffs' Motion for Preliminary Injunction, #16 Declaration of Christopher Waddell in Support of Plaintiffs' Motion for Preliminary Injunction, #17 Declaration of Michael Barranco in Support of Plaintiffs' Motion for Preliminary Injunction)(Michel, Carl)
May 26, 2017 Opinion or Order Filing 5 ORDER Granting #4 Ex Parte Application to Shorten Time. Motion Hearing set for 6/13/2017 at 10:00 AM in Courtroom 5A before Judge Roger T. Benitez. Signed by Judge Roger T. Benitez on 5/26/2017. (jjg)
May 25, 2017 Filing 4 Ex Parte MOTION to Shorten Time to Hear Plaintiffs' Motion for Preliminary Injunction by California Rifle & Pistol Association, Incorporated, Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio, Christopher Waddell. (Attachments: #1 Memo of Points and Authorities in Support of Ex Parte Application for Order Shortening Time, #2 Declaration of Anna M. Barvir in Support of Ex Parte Application for Order Shortening Time, #3 Declaration of Sean Brady in Support of Ex Parte Application for Order Shortening Time)(Michel, Carl)
May 25, 2017 Filing 3 SUMMONS Returned Executed by California Rifle & Pistol Association, Incorporated, Richard Lewis, David Marguglio, Christopher Waddell, Virginia Duncan, Patrick Lovette. Xavier Becerra served. (Michel, Carl)
May 18, 2017 Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth)
May 17, 2017 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-10088872.), filed by California Rifle & Pistol Association, Incorporated, Richard Lewis, David Margulio, Christopher Waddell, Virginia Duncan, Patrick Lovette. (Attachments: #1 Civil Cover Sheet)The new case number is 3:17-cv-1017-BEN-JLB. Judge Roger T. Benitez and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Michel, Carl)(fth) (sjt).

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Search for this case: Duncan et al v. Becerra et al
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Defendant: Xavier Becerra
Represented By: Attorney General
Represented By: Alexandra Robert Gordon
Represented By: Anthony P O'Brien
Represented By: John Darrow Echeverria
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Defendant: Does 1-10
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Plaintiff: Christopher Waddell
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Plaintiff: Patrick Lovette
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Plaintiff: Richard Lewis
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Plaintiff: California Rifle & Pistol Association, Incorporated
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Plaintiff: Virginia Duncan
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Plaintiff: David Marguglio
Represented By: Carl D. Michel
Represented By: Anna M. Barvir
Represented By: Sean Brady
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Petitioner: Law Center to Prevent Gun Violence
Represented By: Anthony P Schoenberg
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Petitioner: Everytown for Gun Safety
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