Tracy Rifle and Pistol LLC, et al v. Kamala Harris, et al
| KAMALA D. HARRIS, Attorney General, Attorney General, State of California and STEPHEN J. LINDLEY, Chief, California Department of Justice, Bureau of Firearms |
| SACRAMENTO BLACK RIFLE, INC., a California corporation, MICHAEL BARYLA, Managing Member, Tracy Rifle and Pistol LLC, PRK ARMS, INC., a California corporation, TRACY RIFLE AND PISTOL LLC, ROBERT ADAMS, Owner, Sacramento Black Rifle, Inc., TEN PERCENT FIREARMS, a California corporation, ALEX ROLSKY, WESLEY MORRIS, Owner, Ten Percent Firearms, JEFFREY MULLEN, Owner, PRK Arms, Inc. and IMBERT & SMITHERS, INC. |
| 15-16501 |
| July 28, 2015 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 28 MANDATE ISSUED.(SRT, MMS and JHN) [9904750] (CW) [Entered: 03/17/2016 08:05 AM] |
| Filing 27 FILED MEMORANDUM DISPOSITION (SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN) AFFIRMED. FILED AND ENTERED JUDGMENT. [9874388] (MM) [Entered: 02/23/2016 10:00 AM] |
| Filing 26 Filed (ECF) Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC Correspondence: Response to question asked at oral argument. Date of service: 02/17/2016 [9868693] [15-16501] (Volokh, Eugene) [Entered: 02/17/2016 09:41 PM] |
| Filing 25 ARGUED AND SUBMITTED TO SIDNEY R. THOMAS, MARY M. SCHROEDER and JACQUELINE H. NGUYEN. [9859952] (RT) [Entered: 02/09/2016 02:47 PM] |
| Filing 24 Filed (ECF) Appellees Kamala D. Harris and Stephen J. Lindley citation of supplemental authorities. Date of service: 01/20/2016. [9834456] [15-16501] (Richards, Nelson) [Entered: 01/20/2016 06:37 PM] |
| Filing 23 Filed (ECF) Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC citation of supplemental authorities. Date of service: 01/14/2016. [9827073] [15-16501] (Volokh, Eugene) [Entered: 01/14/2016 08:59 AM] |
| Filing 22 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Nelson Richards for Appellees Kamala D. Harris and Stephen J. Lindley. [9775154] [15-16501] (Richards, Nelson) [Entered: 12/01/2015 12:19 PM] |
| Filing 21 Filed clerk order (Deputy Clerk: HL): These appeals have been assigned to the same panel because they involve potentially related issues regarding the Second Amendment. The cases are not consolidated for oral argument. Counsel may wish to confer in order to enhance oral argument. The Clerk shall serve a copy of the courts service list for each case on all parties. [9773606] [14-16840, 15-16501] (WL) [Entered: 11/30/2015 02:34 PM] |
| Filing 20 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Eugene Volokh for Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC. [9773197] [15-16501] (Volokh, Eugene) [Entered: 11/30/2015 12:09 PM] |
| Filing 19 Notice of Oral Argument on Tuesday, February 9, 2016 - 09:00 A.M. - Courtroom 1 - James R Browning US Cthse, 95 7th St, San Francisco, CA. View the Oral Argument Calendar for your case # here . 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. [9773073] (GEV) [Entered: 11/30/2015 11:24 AM] |
| Filing 18 Filed (ECF) Appellees Kamala D. Harris and Stephen J. Lindley Correspondence: regarding availability for oral argument. Date of service: 10/27/2015 [9734461] [15-16501] (NR) [Entered: 10/27/2015 01:39 PM] |
| Filing 17 Filed (ECF) Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC Correspondence: Regarding availability for oral argument.. Date of service: 10/26/2015 [9732711] [15-16501] (EV) [Entered: 10/26/2015 02:19 PM] |
| Filing 16 This case is being considered for the February 2016 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_2016.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 7 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 7-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. In addition, if parties are discussing settlement or would like to discuss settlement before argument, they should contact the mediation unit immediately ( # ca09_mediation@ca9.uscourts.gov ). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[9729718] (AW) [Entered: 10/22/2015 07:14 PM] |
| Filing 15 Received 7 paper copies of Reply brief [ # 13 ] filed by appellants. [9714024] (SD) [Entered: 10/09/2015 02:24 PM] |
| Filing 14 Filed clerk order: The reply brief [ # 13 ] 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. [9706802] (LA) [Entered: 10/05/2015 11:33 AM] |
| Filing 13 Submitted (ECF) Reply Brief for review. Submitted by Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC. Date of service: 10/05/2015. [9706414] [15-16501] (EV) [Entered: 10/05/2015 08:17 AM] |
| Filing 12 Received 7 paper copies of Answering brief [ # 9 ] filed by Kamala D. Harris and Stephen J. Lindley. [9696749] (SD) [Entered: 09/25/2015 01:27 PM] |
| Filing 11 Filed Appellees Kamala D. Harris and Stephen J. Lindley paper copies of supplemental excerpts of record [ # 9 ] in 1 volume. [9696353] (LA) [Entered: 09/25/2015 11:02 AM] |
| Filing 10 Filed clerk order: The answering brief [ # 9 ] submitted by Kamala D. Harris and Stephen J. 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 [ # 9 ] submitted by Kamala D. Harris and Stephen J. 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. [9693627] (LA) [Entered: 09/23/2015 12:15 PM] |
| Filing 9 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellees Kamala D. Harris and Stephen J. Lindley. Date of service: 09/21/2015. [9691057] [15-16501] (NR) [Entered: 09/21/2015 05:51 PM] |
| Filing 8 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. [9680934] (CL) [Entered: 09/14/2015 09:34 AM] |
| Filing 7 Filed Appellants' paper copies of excerpts of record [ # 4 ] in 1 volume(s). [9665147] (LA) [Entered: 08/28/2015 07:40 PM] |
| Filing 6 Received 7 paper copies of Opening brief [ # 4 ] filed by appellants. [9664785] (SD) [Entered: 08/28/2015 03:41 PM] |
| Filing 5 Filed clerk order: The opening brief [ # 4 ] 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 [ # 4 ] 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. [9662277] (LA) [Entered: 08/26/2015 04:33 PM] |
| Filing 4 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Tracy Rifle and Pistol LLC and Ten Percent Firearms. Date of service: 08/24/2015. [9657196] [15-16501] --[COURT UPDATE: Attached corrected brief. 08/26/2015 by TYL] (BAB) [Entered: 08/24/2015 10:06 AM] |
| Filing 3 Filed (ECF) Appellants Robert Adams, Michael Baryla, Imbert & Smithers, Inc., Wesley Morris, Jeffrey Mullen, PRK Arms, Inc., Alex Rolsky, Sacramento Black Rifle, Inc., Ten Percent Firearms and Tracy Rifle and Pistol LLC Mediation Questionnaire. Date of service: 08/03/2015. [9632211] [15-16501] (BAB) [Entered: 08/03/2015 12:55 PM] |
| Filing 2 Filed clerk order: (CC) The appeal filed July 27, 2015 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 district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than August 24, 2015; the answering brief is due September 21, 2015 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 14 days after service of the answering brief. See 9th Cir. R. 3-3(b). The parties are reminded that streamlined requests for extensions of time are not available in preliminary injunction appeals. See http://www.ca9.uscourts.gov/content/view.php?pk_id=0000000638. Any request for an extension of time must be requested under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1.[9627418] (KD) [Entered: 07/29/2015 03:14 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: to be set. Preliminary Injunction Appeal. C.R. 3-3. Mediation Questionnaire due on 08/04/2015. [9625922] (RT) [Entered: 07/28/2015 03:55 PM] |
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