Renna et al v Becerra et al
| Laura Schwartz, Danielle Jaymes, Darin Prince, Gunfighter Tactical, LLC, Justin Smith, Ryan Peterson, John Klier, Michael Schwartz, Cheryl Prince, Hannah Spousta, Firearms Policy Coalition, Inc., Richard Bailey, John Phillips, Lana Rae Renna, PWGG, L.P., Second Amendment Foundation, North County Shooting Center, Inc., San Diego County Gun Owners PAC, Citizens Committee for the Right to Keep and Bear Arms, Robert Macomber and Clint Freeman |
| Xavier Becerra, Luis Lopez and Robert Bonta |
| 3:2020cv02190 |
| November 10, 2020 |
| US District Court for the Southern District of California |
| Daniel E Butcher |
| Dana M Sabraw |
| Constitutional - State Statute |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
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Filing 50
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. (jpp)
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Filing 49
AMENDED COMPLAINT Second against All Defendants, filed by San Diego County Gun Owners PAC, Firearms Policy Coalition, Inc., Cheryl Prince, Laura Schwartz, Robert Macomber, John Phillips, Lana Rae Renna, Clint Freeman, John Klier, Ryan Peterson, North County Shooting Center, Inc., Darin Prince, Second Amendment Foundation, Danielle Jaymes, Michael Schwartz, Justin Smith, Citizens Committee for the Right to Keep and Bear Arms, PWGG, L.P., Gunfighter Tactical, LLC.New Summons Requested. (DiGuiseppe, Raymond) (jpp).
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Filing 48
NOTICE of Change of Address by Michael P Sousa (Sousa, Michael) QC Email: Attorney must update their new address in cm/ecf (anh).
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Filing 47
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Status Conference held. A telephonic Status Conference will be held on September 23, 2022 at 9:00 a.m. Plaintiff's counsel must arrange for counsel to call the Court's chambers on a shared line to participate.(Plaintiffs Attorney Raymond DiGuiseppe). (Defendants Attorney Gabrielle Boutin). (no document attached) (kxb)
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Filing 46
ORDER granting #45 Joint Motion to Vacate Scheduling Order. Signed by Magistrate Judge Daniel E. Butcher on 7/22/2022. (jpp)
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Filing 45
Joint MOTION to Vacate Scheduling Order by Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Clint Freeman, Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, Robert Macomber, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith. (DiGuiseppe, Raymond) (jpp).
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Filing 44
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Due to a conflict involving the Court's calendar, the July 15, 2022 Status Conference is vacated and reset for July 29, 2022 at 9:00 a.m. Plaintiffs' counsel must arrange for counsel to call the Court's chambers on a shared line to participate.(no document attached) (kxb)
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Filing 43
ORDER granting #41 Motion to Dismiss for failure to prosecute. Bailey has been provided repeated notice of the need to participate in this case, and ample time to do so. Given Baileys failure to prosecute, his case is hereby dismissed without prejudice. Signed by Chief District Judge Dana M. Sabraw on 5/27/2022. (All non-registered users served via U.S. Mail Service)(jpp)
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Filing 42
ORDER re: oral argument. Signed by Chief District Judge Dana M. Sabraw on 5/24/2022.(All non-registered users served via U.S. Mail Service)(jpp)
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Filing 41
MOTION to Dismiss Under Rule 41 for Failure to Prosecute by Xavier Becerra, Luis Lopez. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Rita Bosworth in Support of Motion to Dismiss)(Bosworth, Rita) (anh).
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Filing 40
NOTICE OF WITHDRAWAL OF DOCUMENT by Xavier Becerra, Luis Lopez re #37 MOTION to Dismiss Under Rule 41 for Failure to Prosecute filed by Luis Lopez, Xavier Becerra . (Bosworth, Rita)
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Filing 39
CERTIFICATE OF SERVICE by Xavier Becerra, Luis Lopez re #37 MOTION to Dismiss Under Rule 41 for Failure to Prosecute (Bosworth, Rita) (jpp).
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Filing 38
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Status Conference held on April 15, 2022. The Court sets a follow up telephonic Status Conference on July 15, 2022 at 9:00 a.m. Plaintiffs' counsel must arrange for counsel to call the Court's chambers on a shared line to participate. (Plaintiff Attorney Raymond Mark DiGuiseppe). (Defendant Attorney Rita B. Bosworth). (no document attached) (Dech, E.)
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Filing 37
**Withdrawn per doc. no. #40 ** MOTION to Dismiss Under Rule 41 for Failure to Prosecute by Xavier Becerra, Luis Lopez. (Attachments: #1 Memo of Points and Authorities ISO, #2 Declaration ISO)(Bosworth, Rita) (jpp). Modified on 4/26/2022 (anh).
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Filing 36
Order On Motion to Withdraw as Counsel for Plaintiff Richard Bailey #35 . Attorney Michael P Sousa; Raymond Mark DiGuiseppe and William Aaron Sack terminated. Signed by Chief District Judge Dana M. Sabraw on 2/23/2022. (zda)
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Filing 35
MOTION to Withdraw as Attorney as to Plaintiff Richard Bailey by Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Clint Freeman, Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, Robert Macomber, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta. (Attachments: #1 Declaration Declaration of Raymond M. DiGuiseppe)(DiGuiseppe, Raymond) (zda).
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Filing 34
NOTICE of Voluntary Dismissal by Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Clint Freeman, Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, Robert Macomber, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta As to Plaintiff Hannah Spousta Only (DiGuiseppe, Raymond) (zda).
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Filing 33
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Status Conference held on January 14, 2022. A telephonic Status Conference will be held on April 15, 2022 at 10:00 a.m. before Magistrate Judge Daniel E. Butcher. Plaintiffs' counsel must arrange for counsel to call the Court's chambers on a shared line to participate. (Plaintiff Attorneys Raymond DiGuiseppe & William Sack). (Defendant Attorney Rita Botsworth). (no document attached) (kxb)
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Filing 32
Order Granting Joint Motion to Amend Scheduling Order #31 . Signed by Magistrate Judge Daniel E. Butcher on 11/29/2021. (zda)
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Filing 31
Joint MOTION to Amend/Correct #30 Scheduling Order, by Xavier Becerra, Luis Lopez. (Attachments: #1 Proof of Service via CMECF and Email)(Bosworth, Rita)Attorney Rita B. Bosworth added to party Luis Lopez(pty:dft) (zda).
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Filing 30
SCHEDULING ORDER: Telephonic Status Conference set for 1/14/2022 09:00 AM before Magistrate Judge Daniel E. Butcher. Memorandum of Contentions of Fact and Law due by 1/20/2023. Proposed Pretrial Order due by 2/10/2023. Final Pretrial Conference set for 2/17/2023 10:30 AM before Chief District Judge Dana M. Sabraw. Bench Trial set for 3/20/2023 09:00 AM before Chief District Judge Dana M. Sabraw.Signed by Magistrate Judge Daniel E. Butcher on 9/24/2021.(zda)
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Filing 29
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Early Neutral Evaluation Conference and Case Management Conference held on 9/23/2021. Scheduling Order to issue. (Plaintiff Attorney Raymond DiGuiseppe). (Defendant Attorneys Gabrielle Boutin and Rita Bosworth). (no document attached) (kxb)
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Filing 28
ORDER: Plaintiffs' Unopposed Motion to Modify Order Setting ENE Conference is granted. Dkt. No. 26. Signed by Magistrate Judge Daniel E. Butcher on 9/22/2021. (no document attached) (kxb)
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Filing 27
NOTICE of Appearance of Additional Counsel by Rita B. Bosworth on behalf of Xavier Becerra (Bosworth, Rita)Attorney Rita B. Bosworth added to party Xavier Becerra(pty:dft) (zda).
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Filing 26
MOTION Modify Order Setting ENE Conference Unopposed by Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Clint Freeman, Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, Robert Macomber, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta. (DiGuiseppe, Raymond) (zda).
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Filing 25
JOINT DISCOVERY PLAN by Xavier Becerra, Luis Lopez (Boutin, Gabrielle) (zda).
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Filing 24
Minute Entry for proceedings held before Magistrate Judge Daniel E. Butcher: Due to a conflict involving the Court's calendar, the Early Neutral Evaluation Conference and Case Management Conference on 9/7/2021 at 1:30 p.m. are vacated and reset for 9/23/2021 at 9:00 a.m.The deadline to submit confidential briefs, file the Joint Discovery Plan, and provide the Court with contact information for all participants is 9/16/2021.(no document attached) (kxb)
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Filing 23
Notice and Order Setting Early Neutral Evaluation Conference; Rule 26 Compliance; and Case Management Conference. An Early Neutral Evaluation is set for 9/7/2021 at 1:30 PM before Magistrate Judge Daniel E. Butcher. In the event the case does not settle during the ENE, the Court will hold a Case Management Conference ("CMC") pursuant to Fed. R. Civ. P. 16(b) immediately following the conclusion of the ENE. A Joint Discovery Plan is due by 8/31/2021. Signed by Magistrate Judge Daniel E. Butcher on 7/21/2021.(ag)
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Filing 22
ORDER Approving the Pro Hac Vice Application of William Aaron Sack, re #21 Request to Appear Pro Hac Vice. Signed by Chief District Judge Dana M. Sabraw on 5/28/2021.(rmc)
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Filing 21
Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-15771154.) (Application to be reviewed by Clerk.) (Sack, William) (rmc).
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Filing 20
ANSWER to #10 Amended Complaint,, by Xavier Becerra, Luis Lopez.(Boutin, Gabrielle) (jmo).
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Filing 19
ORDER Granting #18 Joint Motion for an Order Extending Time for Defendants to File an Answer to the First Amended Complaint. The Court extends Defendants' deadline to file an answer to the First Amended Complaint to 5/14/2021. Signed by Chief District Judge Dana M. Sabraw on 5/4/2021. (ag)
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Filing 18
Joint MOTION for Extension of Time to File Answer to the First Amended Complaint by Xavier Becerra, Luis Lopez. (Attachments: #1 Declaration, #2 Proposed Order on Joint Motion to Extend Time to Answer, #3 Proof of Service)(Boutin, Gabrielle) (ag).
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Filing 17
ORDER Granting In Part and Denying In Part #12 Defendants' Motion to Dismiss. For the reasons set out above, the Court ORDERS as follows: 1. To the extent Plaintiffs first cause of action challenges the three UHA provisions upheld in Pena v. Lindley, 898 F.3d 969 (9th Cir. 2018), Defendants motion to dismiss is GRANTED. 2. Defendants motion to dismiss is DENIED in all other respects as to Count One of the FAC. 3. Defendants motion to dismiss is GRANTED as to Count Two of the FAC. 4. To the extent Defendants motion is granted, dismissal is without leave to amend.Signed by Chief District Judge Dana M. Sabraw on 4/23/2021. (mme)
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Filing 16
Minute Entry for proceedings held before Chief District Judge Dana M. Sabraw: Status Conference held on 3/12/2021. All parties appeared telephonically. (Court Reporter/ECR Lee Ann Pence). (Plaintiff Attorney Raymond DiGuiseppe, Michael Sousa). (Defendant Attorney Gabrielle Boutin). (no document attached) (jak)
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Filing 15
ORDER Setting Status Conference. Pending before the Court is Defendants motion to dismiss Plaintiffs First Amended Complaint. On February 25, 2021, the Ninth Circuit vacated its decision in Duncan v. Becerra, No. 19-55376, and ordered the case be reheard en banc, which rehearing is currently scheduled for June 22, 2021. In light of this, the Court sets the present matter for a telephonic status conference on March 12, 2021 at 2:00 p.m. Signed by Chief District Judge Dana M. Sabraw on 3/9/2021.(mme)
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Filing 14
RESPONSE in Support re #12 MOTION to Dismiss for Failure to State a Claim REPLY IN SUPPORT OF MOTION TO DISMISS filed by Xavier Becerra, Luis Lopez. (Boutin, Gabrielle) (mme).
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Filing 13
RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Clint Freeman, Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, Robert Macomber, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta. (Attachments: #1 Declaration G. Mocsary Declaration, #2 Exhibit Mocsary Exhibit 1, #3 Exhibit Mocsary Exhibit 2, #4 Exhibit Mocsary Exhibit 3, #5 Exhibit Mocsary Exhibit 4, #6 Exhibit Mocsary Exhibit 5, #7 Exhibit Mocsary Exhibit 6, #8 Exhibit Mocsary Exhibit 7, #9 Exhibit Mocsary Exhibit 8, #10 Exhibit Mocsary Exhibit 9, #11 Exhibit Mocsary Exhibit 10, #12 Declaration J. Ostini Declaration, #13 Exhibit Ostini Exhibit, #14 Declaration C. Prince Declaration, #15 Declaration D. Jaymes Declaration, #16 Declaration D. Prince Declaration, #17 Declaration H. Spousta Declaration, #18 Declaration J. Klier Declaration, #19 Declaration J. Phillips Declaration, #20 Declaration J. Smith Declaration, #21 Declaration L. Schwartz Declaration, #22 Declaration M. Schwartz Declaration, #23 Declaration R. Bailey Declaration, #24 Declaration R. Macomber Declaration, #25 Declaration R. Peterson Declaration)(DiGuiseppe, Raymond) (mme).
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Filing 12
MOTION to Dismiss for Failure to State a Claim by Xavier Becerra, Luis Lopez. (Boutin, Gabrielle) (jmr).
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Filing 11
Summons Issued as to First Amended Complaint. 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. (Attachments: #1 Attachment)(mme)
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Filing 10
AMENDED COMPLAINT FIRST against All Defendants, filed by San Diego County Gun Owners PAC, Firearms Policy Coalition, Inc., Richard Bailey, Cheryl Prince, Laura Schwartz, John Phillips, Lana Rae Renna, John Klier, Ryan Peterson, North County Shooting Center, Inc., Darin Prince, Second Amendment Foundation, Danielle Jaymes, Michael Schwartz, Justin Smith, Citizens Committee for the Right to Keep and Bear Arms, PWGG, L.P., Gunfighter Tactical, LLC, Hannah Spousta, Robert Macomber, Clint Freeman.New Summons Requested. (DiGuiseppe, Raymond) (mme).
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Filing 9
NOTICE of Appearance Notice of Appearance by Gabrielle D. Boutin on behalf of Xavier Becerra, Luis Lopez (Boutin, Gabrielle)Attorney Gabrielle D. Boutin added to party Xavier Becerra(pty:dft), Attorney Gabrielle D. Boutin added to party Luis Lopez(pty:dft) (mme).
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Filing 8
Minute Entry for proceedings held before Judge Dana M. Sabraw: Telephonic Status Conference held on 12/22/2020. (Plaintiff Attorney Raymond DiGuiseppe, Michael Sousa). (Defendant Attorney Gabrielle Boutin). (no document attached) (jak)
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Filing 7
ORDER Following Status Conference. Plaintiffs may file a First Amended Complaint on or before January 4, 2021. Defendants shall file any motion to dismiss on or before January 25, 2021. Plaintiffs shall file any opposition to the motion to dismiss on or before February 15, 2021. Defendants shall file any reply on or before March 1, 2021. Following completion of the briefing, the Court will set a hearing date accordingly. Signed by Judge Dana M. Sabraw on 12/22/2020.(mme)
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Filing 6
NOTICE of Appearance by Michael P Sousa on behalf of Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta (Sousa, Michael)Attorney Michael P Sousa added to party Richard Bailey(pty:pla), Attorney Michael P Sousa added to party Citizens Committee for the Right to Keep and Bear Arms(pty:pla), Attorney Michael P Sousa added to party Firearms Policy Coalition, Inc.(pty:pla), Attorney Michael P Sousa added to party Gunfighter Tactical, LLC(pty:pla), Attorney Michael P Sousa added to party Danielle Jaymes(pty:pla), Attorney Michael P Sousa added to party John Klier(pty:pla), Attorney Michael P Sousa added to party North County Shooting Center, Inc.(pty:pla), Attorney Michael P Sousa added to party PWGG, L.P.(pty:pla), Attorney Michael P Sousa added to party Ryan Peterson(pty:pla), Attorney Michael P Sousa added to party John Phillips(pty:pla), Attorney Michael P Sousa added to party Cheryl Prince(pty:pla), Attorney Michael P Sousa added to party Darin Prince(pty:pla), Attorney Michael P Sousa added to party Lana Rae Renna(pty:pla), Attorney Michael P Sousa added to party San Diego County Gun Owners PAC(pty:pla), Attorney Michael P Sousa added to party Laura Schwartz(pty:pla), Attorney Michael P Sousa added to party Michael Schwartz(pty:pla), Attorney Michael P Sousa added to party Second Amendment Foundation (pty:pla), Attorney Michael P Sousa added to party Justin Smith(pty:pla), Attorney Michael P Sousa added to party Hannah Spousta(pty:pla) (jrm).
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Filing 5
OBJECTION by Xavier Becerra, Luis Lopez re #4 Notice of Related Case,, (Echeverria, John) (mme).
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Filing 4
NOTICE OF RELATED CASE(S) by Richard Bailey, Citizens Committee for the Right to Keep and Bear Arms, Firearms Policy Coalition, Inc., Gunfighter Tactical, LLC, Danielle Jaymes, John Klier, North County Shooting Center, Inc., PWGG, L.P., Ryan Peterson, John Phillips, Cheryl Prince, Darin Prince, Lana Rae Renna, San Diego County Gun Owners PAC, Laura Schwartz, Michael Schwartz, Second Amendment Foundation, Justin Smith, Hannah Spousta of case(s) 3:17-cv-1017-BEN-JLB; 3:19-cv-01537-BEN-JLB; 3:19-cv-1662-BEN-JLB . (Attachments: #1 Proof of Service)(DiGuiseppe, Raymond) (mme).
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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. (zda)(jrd)
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Filing 1
COMPLAINT Against Xavier Becerra, Luis Lopez (Filing fee $400.00 receipt number ACASDC-14840446.), filed by Lana Rae Renna, Danielle Jaymes, Hannah Spousta, Laura Schwartz, Michael Schwartz, Richard Bailey, John Klier, Justin Smith, John Phillips, PWGG, L.P., Cheryl Prince, Darin Prince, North County Shooting Center, Inc., Ryan Peterson, Gunfighter Tactical, LLC, Firearms Policy Coalition, Inc., San Diego County Gun Owners PAC, Citizens Committee for the Right to Keep and Bear Arms, Second Amendment Foundation, (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-2190-DMS-DEB. Judge Dana M. Sabraw and Magistrate Judge Daniel E. Butcher are assigned to the case. (DiGuiseppe, Raymond)(zda)(jrd)
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