Ivan Pena, et al v. Stephen Lindley
| BRADY CENTER TO PREVENT GUN VIOLENCE, NATIONAL SHOOTING SPORTS FOUNDATION, INC.,, EVERYTOWN FOR GUN SAFETY, LOS ANGELES CITY ATTORNEY'S OFFICE, NATIONAL RIFLE ASSOCIATION OF AMERICA, INC., LAW CENTER TO PREVENT GUN VIOLENCE, SPORTING ARMS AND AMMUNITION MANUFACTURER'S INSTITUTE INC. and CALIFORNIA RIFLE AND PISTOL ASSOCIATION |
| ROY VARGAS, DONA CROSTON, BRETT THOMAS, CALGUNS FOUNDATION, INC., IVAN PENA and SECOND AMENDMENT FOUNDATION, INC. |
| STEPHEN LINDLEY, Chief of the California Department of Justice Bureau of Firearms |
| 15-15449 |
| March 11, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 60 MANDATE ISSUED.(JCW, MMM and JSB) [10992610] (RR) [Entered: 08/28/2018 11:13 AM] |
| Filing 59 Received letter from the Supreme Court dated 08/20/2018. 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 The Chief Justice, who on August 20, 2018, extended the time to and including December 31, 2018. [10991614] (RR) [Entered: 08/27/2018 04:31 PM] |
| Filing 58 FILED OPINION (J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE) AFFIRMED. Judge: MMM Authoring, Judge: JSB Concurring & dissenting. FILED AND ENTERED JUDGMENT. [10964687] (RMM) [Entered: 08/03/2018 06:40 AM] |
| Filing 57 Filed order (J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE): The motion for leave to file an amicus brief by National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturers Institute, Inc. is GRANTED, and the request for judicial notice is DENIED. [10960702] (AF) [Entered: 07/31/2018 10:08 AM] |
| Filing 56 Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court's website, at # http://www.ca9.uscourts.gov/media/ [10362249] (BJK) [Entered: 03/17/2017 05:11 PM] |
| Filing 55 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, M. MARGARET MCKEOWN and JAY S. BYBEE. [10359372] (BJK) [Entered: 03/16/2017 12:38 PM] |
| Filing 54 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Alan Gura for Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. [10257244] [15-15449] (Gura, Alan) [Entered: 01/06/2017 12:04 PM] |
| Filing 53 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Mr. Anthony R. Hakl for Appellee Stephen Lindley. [10254790] [15-15449] (Hakl, Anthony) [Entered: 01/04/2017 03:29 PM] |
| Filing 52 Notice of Oral Argument on Thursday, March 16, 2017 - 09:00 A.M. - Courtroom 3 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office. [10254362] (AKM) [Entered: 01/04/2017 01:23 PM] |
| Filing 51 This case is being considered for the March 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10210412] (AW) [Entered: 11/25/2016 09:33 AM] |
| Filing 50 Filed (ECF) Appellee Stephen Lindley Correspondence: Reply to Court Notice about Conflicts with Scheduling Oral Argument. Date of service: 10/28/2016 [10178729] [15-15449] (Hakl, Anthony) [Entered: 10/28/2016 04:30 PM] |
| Filing 49 Filed (ECF) Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas Correspondence: regarding availability for oral argument. Date of service: 10/27/2016 [10177266] [15-15449] (Gura, Alan) [Entered: 10/27/2016 07:40 PM] |
| Filing 48 This case is being considered for the February 2017 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2017.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk's office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[10176193] (AW) [Entered: 10/27/2016 11:51 AM] |
| Filing 47 Attorney Grace R. DiLaura in 15-15449 substituted by Attorney David H. Fry in 15-15449 [9745521] (RR) [Entered: 11/04/2015 05:51 PM] |
| Filing 46 Filed (ECF) notice of appearance of David H. Fry for Amicus Curiae Law Center to Prevent Gun Violence. Date of service: 11/04/2015. [9745211] [15-15449] (Fry, David) [Entered: 11/04/2015 03:38 PM] |
| Filing 45 Received 7 paper copies of Reply brief [ # 43 ] filed by appellants. [9744654] (SD) [Entered: 11/04/2015 12:42 PM] |
| Filing 44 Filed clerk order: The reply brief [ # 43 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9739221] (KT) [Entered: 10/30/2015 11:15 AM] |
| Filing 43 Submitted (ECF) Reply Brief for review. Submitted by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. Date of service: 10/29/2015. [9738593] [15-15449] (AG) [Entered: 10/29/2015 04:21 PM] |
| Filing 42 Received 7 paper copies of Amicus brief [ # 34 ] filed by Everytown for Gun Safety. [9705240] (SD) [Entered: 10/02/2015 11:22 AM] |
| Filing 41 Received 7 paper copies of Amicus brief [ # 33 ] filed by Los Angeles City Attorney's Office. [9703641] (SD) [Entered: 10/01/2015 10:49 AM] |
| Filing 40 Received 7 paper copies of Amicus brief [ # 32 ] filed by Brady Center to Prevent Gun Violence. [9701816] (SD) [Entered: 09/30/2015 11:29 AM] |
| Filing 39 Received 7 paper copies of Amicus brief [ # 29 ] filed by Law Center to Prevent Gun Violence. [9701468] (SD) [Entered: 09/30/2015 09:38 AM] |
| Filing 38 Filed clerk order: The amicus brief [ # 34 ] submitted by Everytown for Gun Safety is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9699862] (KT) [Entered: 09/29/2015 11:09 AM] |
| Filing 37 Filed clerk order: The amicus brief [ # 33 ] submitted by Los Angeles City Attorney's Office is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9699859] (KT) [Entered: 09/29/2015 11:08 AM] |
| Filing 36 Filed clerk order: The amicus brief [ # 32 ] submitted by Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9699847] (KT) [Entered: 09/29/2015 11:04 AM] |
| Filing 35 Entered appearance of Amici Curiae Brady Center to Prevent Gun Violence, Everytown for Gun Safety and Los Angeles City Attorney's Office. [9699838] (KT) [Entered: 09/29/2015 11:02 AM] |
| Filing 34 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown for Gun Safety. Date of service: 09/28/2015. [9699204] [15-15449] (DG) [Entered: 09/28/2015 04:50 PM] |
| Filing 33 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Amicus Curiae Office of the Los Angeles City Attorney in Support of Defendant-Appellee. Date of service: 09/28/2015. [9699195] [15-15449] (AE) [Entered: 09/28/2015 04:45 PM] |
| Filing 32 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brief of Brady Center to Prevent Gun Violence as Amicus Curiae in Support of Appellee and Affirmation. Date of service: 09/28/2015. [9699049] [15-15449] (EAK) [Entered: 09/28/2015 03:56 PM] |
| Filing 31 Filed clerk order: The amicus brief [ # 29 ] submitted by Law Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9698571] (KT) [Entered: 09/28/2015 01:46 PM] |
| Filing 30 Entered appearance of Amicus Curiae Law Center to Prevent Gun Violence. [9698560] (KT) [Entered: 09/28/2015 01:44 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by LAW CENTER TO PREVENT GUN VIOLENCE. Date of service: 09/28/2015. [9698519] [15-15449] (GRD) [Entered: 09/28/2015 01:20 PM] |
| Filing 28 Received 8 paper copies of Answering brief [ # 23 ] filed by Stephen Lindley. [9693515] (SD) [Entered: 09/23/2015 11:30 AM] |
| Filing 27 Filed Appellee Stephen Lindley paper copies of supplemental excerpts of record [ # 23 ] in 1 volume. [9692224] (KT) [Entered: 09/22/2015 02:13 PM] |
| Filing 26 Streamlined request [24] by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due October 29, 2015. [9692110] (TH) [Entered: 09/22/2015 01:34 PM] |
| Filing 25 Filed clerk order: The answering brief [ # 23 ] submitted by Stephen Lindley is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [ # 23 ] submitted by Stephen Lindley. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9691376] (KT) [Entered: 09/22/2015 09:22 AM] |
| Filing 24 Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. New requested due date is 10/29/2015. [9691228] [15-15449] (AG) [Entered: 09/22/2015 08:30 AM] |
| Filing 23 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Stephen Lindley. Date of service: 09/21/2015. [9690982] [15-15449] (ARH) [Entered: 09/21/2015 04:49 PM] |
| Filing 22 Streamlined request [20] by Appellee Stephen Lindley to extend time to file the brief is approved. Amended briefing schedule: Appellee Stephen Lindley answering brief due 09/21/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9649676] (CG) [Entered: 08/17/2015 02:52 PM] |
| Filing 21 Filed (ECF) Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas citation of supplemental authorities. Date of service: 08/17/2015. [9649378] [15-15449] (AG) [Entered: 08/17/2015 01:28 PM] |
| Filing 20 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Stephen Lindley. New requested due date is 09/21/2015. [9649187] [15-15449] (ARH) [Entered: 08/17/2015 12:02 PM] |
| Filing 19 Received 7 paper copies of Amicus brief [ # 13 ] filed by National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturer's Institute Inc.. [9628937] (SD) [Entered: 07/30/2015 01:58 PM] |
| Filing 18 Received 7 paper copies of Amicus brief [ # 13 ] filed by California Rifle and Pistol Association and NRA. [9628514] (SD) [Entered: 07/30/2015 11:19 AM] |
| Filing 17 ENTRY UPDATED. [9625897] Filed clerk order (Deputy Clerk: amt): filed by Amici Curiae - Pending National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturer's Institute Inc. [9625897]--[Edited 07/28/2015 by AT] (AT) [Entered: 07/28/2015 03:49 PM] |
| Filing 16 Filed clerk order: The amicus brief [ # 13 ] submitted by NRA and California Rifle and Pistol Association is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [9624686] (LA) [Entered: 07/28/2015 10:12 AM] |
| Filing 15 Entered appearance of Amici Curiae NRA and California Rifle and Pistol Association. [9624680] (LA) [Entered: 07/28/2015 10:11 AM] |
| Filing 14 Filed (ECF) Amici Curiae - Pending National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturer's Institute Inc. Motion to take judicial notice. Date of service: 07/27/2015. [9624469] --[COURT ENTERED FILING to correct entry [ # 11 ] .] (TYL) [Entered: 07/28/2015 09:19 AM] |
| Filing 13 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Rifle Association of America, Inc. and California Rifle and Pistol Association. Date of service: 07/27/2015. [9624137] [15-15449] (CDM) [Entered: 07/27/2015 06:15 PM] |
| Filing 12 Entered appearance of Amici Curiae - Pending National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturer's Institute Inc. [9624113] (LA) [Entered: 07/27/2015 05:29 PM] |
| Filing 11 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by National Shooting Sports Foundation, Inc., and Sporting Arms and Ammunition Manufacturers' Institute, Inc.. Date of service: 07/27/2015. [9624052] [15-15449] --[COURT UPDATE: Removed motion to take judicial notice (refiled in entry [ # 14 ]). 07/28/2015 by TYL] (LAS) [Entered: 07/27/2015 04:50 PM] |
| Filing 10 Received 7 paper copies of Opening brief [ # 7 ] filed by appellants. [9620536] (DB) [Entered: 07/23/2015 02:50 PM] |
| Filing 9 Filed Appellants' paper copies of excerpts of record [ # 7 ] in 2 volume(s). [9620326] (KT) [Entered: 07/23/2015 02:07 PM] |
| Filing 8 Filed clerk order: The opening brief [ # 7 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [ # 7 ] submitted by appellants. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9616081] (KT) [Entered: 07/20/2015 03:42 PM] |
| Filing 7 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. Date of service: 07/20/2015. [9615466] [15-15449] (AG) [Entered: 07/20/2015 12:18 PM] |
| Filing 6 Filed Mediation order: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court's mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation. [9527414] (CL) [Entered: 05/06/2015 01:18 PM] |
| Filing 5 Streamlined request [4] by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas to extend time to file the brief is approved. Amended briefing schedule: Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 07/20/2015. Appellee Stephen Lindley answering brief due 08/19/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9482083] (TH) [Entered: 04/02/2015 01:57 PM] |
| Filing 4 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. New requested due date is 07/20/2015. [9481846] [15-15449] (DK) [Entered: 04/02/2015 12:22 PM] |
| Filing 3 Filed (ECF) Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas Mediation Questionnaire. Date of service: 03/18/2015. [9461514] [15-15449] (AG) [Entered: 03/18/2015 08:21 AM] |
| Filing 2 Filed (ECF) notice of appearance of Alan Gura for Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. Date of service: 03/18/2015. [9461510] [15-15449] (AG) [Entered: 03/18/2015 08:19 AM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/18/2015. Transcript ordered by 04/09/2015. Transcript due 05/11/2015. Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 06/18/2015. Appellee Stephen Lindley answering brief due 07/20/2015. Appellant's optional reply brief is due 14 days after service of the answering brief. [9454059] (RT) [Entered: 03/11/2015 04:34 PM] |
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