Virginia Duncan, et al v. Xavier Becerra
| CALIFORNIA ACADEMY OF FAMILY PHYSICIANS, GAYS AGAINST GUNS, PRIDE FUND TO END GUN VIOLENCE, GAVIN NEWSOM, STATES OF ARIZONA, ALABAMA, ARKANSAS, GEORGIA, IDAHO, KANSAS, LOUISIANA, MICHIGAN, MISSOURI, MONTANA, NORTH DAKOTA, , OHIO, OKLAHOMA, SOUTH CAROLINA, SOUTH DAKOTA, UTAH, WEST VIRGINIA, and WYOMING, CALIFORNIA STATE SHERIFFS ASSOCIATION, WESTERN STATES SHERIFFS' ASSOCIATION, CALIFORNIA RESERVE PEACE OFFICERS ASSOCIATION, SAN FRANCISCO VETERAN POLICE OFFICERS ASSOCIATION, CALIFORNIA GANG INVESTIGATORS ASSOCIATION, INTERNATIONAL LAW ENFORCEMENT ED, GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, EQUALITY CALIFORNIA, EVERYTOWN FOR GUN SAFETY, CITY AND COUNTY OF SAN FRANCISCO, AMERICAN ACADEMY OF PEDIATRICS, CALIFORNIA, BRADY CENTER TO PREVENT GUN VIOLENCE, DISTRICT OF COLUMBIA, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, IOWA, MARYLAND, MASSACHUSETTS, NEW YORK, OREGON, RHODE ISLAND, VIRGINIA, AND WASHINGTON, CALIFORNIA CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, CITY OF LOS ANGELES, SHOOTERS COMMITTEE ON POLITICAL EDUCATION (SCOPE, INC.), DOCTORS FOR RESPONSIBLE GUN OWNERSHIP, INDEPENDENCE INSTITUTE, AND MILLENNIAL POLICY CENTER, NATIONAL RIFLE ASSOCIATION FREEDOM ACTION FOUNDATION and CITY OF SUNNYVALE |
| CHRISTOPHER WADDELL, VIRGINIA DUNCAN, DAVID MARGUGLIO, CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation, PATRICK LOVETTE and RICHARD LEWIS |
| XAVIER BECERRA, in his official capacity as Attorney General of the State of California |
| 17-56081 |
| July 28, 2017 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
This docket was last retrieved on October 31, 2018. A more recent docket listing may be available from PACER.
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| Filing 111 MANDATE ISSUED.(JCW, NRS and DAB) Costs taxed against Appellant in the amount of $379.70. [11068107] (QDL) [Entered: 10/31/2018 04:50 PM] |
| Filing 110 Filed order (J. CLIFFORD WALLACE, N. RANDY SMITH and DEBORAH A. BATTS) 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 After reviewing the supplemental briefing submitted by the parties, the request has been withdrawn.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. [11067995] (OC) [Entered: 10/31/2018 04:11 PM] |
| Filing 109 Filed clerk order (Deputy Clerk: QL): The mandate issued on 10/24/2018 is recalled as issued in error. [11062841] (QDL) [Entered: 10/26/2018 04:14 PM] |
| Filing 108 MANDATE ISSUED.(JCW, NRS and DAB) Costs taxed against Appellant in the amount of $379.70. [11059230] (QDL) [Entered: 10/24/2018 04:34 PM] |
| Filing 107 Filed clerk order: The supplemental brief [ # 106 ] submitted by Appellees is filed. No paper copies are required at this time. [11010307] (GV) [Entered: 09/13/2018 10:58 AM] |
| Filing 106 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. Date of service: 09/13/2018. [11009883] [17-56081]--[COURT UPDATE: Backdated entry to reflect correct filing date. 09/13/2018 by SLM] (Clement, Paul) [Entered: 09/13/2018 07:38 AM] |
| Filing 105 Filed clerk order: The supplemental brief [ # 104 ] submitted by Xavier Becerra is filed. No paper copies are required at this time. [11009758] (GV) [Entered: 09/12/2018 05:10 PM] |
| Filing 104 Submitted (ECF) Supplemental Brief for review. Submitted by Appellant Xavier Becerra. Date of service: 09/12/2018. [11009733]--[COURT ENTERED FILING to correct entry [102].] (RY) [Entered: 09/12/2018 04:50 PM] |
| Filing 103 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 106 ]. Original Text: Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell response to Court order dated 08/22/2018. Date of service: 09/12/2018. [11009482] [17-56081] (Clement, Paul) [Entered: 09/12/2018 03:09 PM] |
| Filing 102 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 104 ]. Original Text: Filed (ECF) Appellant Xavier Becerra response to Court order dated 08/22/2018. Date of service: 09/12/2018. [11009235] [17-56081] (Echeverria, John) [Entered: 09/12/2018 01:30 PM] |
| Filing 101 Filed order (J. CLIFFORD WALLACE, N. RANDY SMITH and DEBORAH A. BATTS) A judge of this court 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. Parties who are registered for ECF must file the response electronically without submission of paper copies. Parties who are not registered for ECF must file the original response plus 50 paper copies. [10985453] (OC) [Entered: 08/22/2018 11:00 AM] |
| Filing 100 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell bill of costs (Form 10) in the amount of $379.70 USD. Date of service: 07/31/2018 [10960326] [17-56081] (Clement, Paul) [Entered: 07/31/2018 06:55 AM] |
| Filing 99 FILED MEMORANDUM DISPOSITION (J. CLIFFORD WALLACE, N. RANDY SMITH and DEBORAH A. BATTS) AFFIRMED. FILED AND ENTERED JUDGMENT. [10944857] (MM) [Entered: 07/17/2018 10:03 AM] |
| Filing 98 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/ [10872316] (BJK) [Entered: 05/15/2018 08:03 AM] |
| Filing 97 ARGUED AND SUBMITTED TO J. CLIFFORD WALLACE, N. RANDY SMITH and DEBORAH A. BATTS. [10871371] (GDL) [Entered: 05/14/2018 12:37 PM] |
| Filing 96 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell citation of supplemental authorities. Date of service: 05/13/2018. [10870568] [17-56081] (Murphy, Erin) [Entered: 05/13/2018 09:01 PM] |
| Filing 95 Filed (ECF) Appellant Xavier Becerra citation of supplemental authorities. Date of service: 05/07/2018. [10863781] [17-56081] (Echeverria, John) [Entered: 05/07/2018 01:41 PM] |
| Filing 94 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Ms. Erin E. Murphy for Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. [10862917] [17-56081] (Murphy, Erin) [Entered: 05/07/2018 06:54 AM] |
| Filing 93 Filed (ECF) Appellant Xavier Becerra Correspondence: Amended Certificate of Service. Date of service: 04/24/2018 [10849324] [17-56081] (Echeverria, John) [Entered: 04/24/2018 04:26 PM] |
| Filing 92 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney John Darrow Echeverria for Appellant Xavier Becerra. [10847601] [17-56081] (Echeverria, John) [Entered: 04/23/2018 04:47 PM] |
| Filing 91 Added attorney John Darrow Echeverria for Xavier Becerra. [10847570] (RL) [Entered: 04/23/2018 04:37 PM] |
| Filing 90 Filed (ECF) notice of appearance of John Darrow Echeverria for Appellant Xavier Becerra. Date of service: 04/23/2018. [10847566] [17-56081] (Echeverria, John) [Entered: 04/23/2018 04:35 PM] |
| Filing 89 Filed (ECF) Acknowledgment of hearing notice. Location: San Francisco. Filed by Attorney Alexandra Robert Gordon for Appellant Xavier Becerra. [10802120] [17-56081] (Gordon, Alexandra) [Entered: 03/16/2018 03:21 PM] |
| Filing 88 Notice of Oral Argument on Monday, May 14, 2018 - 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. [10786822] (AW) [Entered: 03/05/2018 05:57 PM] |
| Filing 87 Received 7 paper copies of Reply Brief [ # 84 ] filed by Xavier Becerra. [10765023] (RG) [Entered: 02/15/2018 09:04 AM] |
| Filing 86 Filed (ECF) Appellant Xavier Becerra citation of supplemental authorities. Date of service: 02/14/2018. [10764691] [17-56081] (Gordon, Alexandra) [Entered: 02/14/2018 04:35 PM] |
| Filing 85 Filed clerk order: The reply brief [ # 84 ] submitted by Xavier Becerra 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 CM/ECF. [10755379] (GV) [Entered: 02/07/2018 02:34 PM] |
| Filing 84 Submitted (ECF) Reply Brief for review. Submitted by Appellant Xavier Becerra. Date of service: 02/07/2018. [10755068] [17-56081] (Gordon, Alexandra) [Entered: 02/07/2018 11:47 AM] |
| Filing 83 Filed (ECF) Appellant Xavier Becerra Correspondence: Scheduling for Oral Argument. Date of service: 02/01/2018 [10748754] [17-56081] (Gordon, Alexandra) [Entered: 02/01/2018 05:19 PM] |
| Filing 82 This case is being considered for an upcoming oral argument calendar in San Francisco Please review the San Francisco sitting dates for May 2018 and the two subsequent sitting months in that location at # http://www.ca9.uscourts.gov/court_sessions . If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 days of this notice , using CM/ECF ( Type of Document : File Correspondence to Court; Subject : request for mediation).[10744552] (AW) [Entered: 01/30/2018 02:23 PM] |
| Filing 81 Received paper copies of Amicus Brief [ # 62 ] filed by Shooters Committee on Political Education (SCOPE, Inc.). [10742175] (RG) [Entered: 01/29/2018 01:52 PM] |
| Filing 80 Received 7 paper copies of Amicus Brief [ # 72 ] filed by States of Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. [10732944] (DB) [Entered: 01/22/2018 12:27 PM] |
| Filing 79 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 76 ]) for an extension of time to file the reply brief is granted. The reply brief is due February 7, 2018. [10732196] (HC) [Entered: 01/22/2018 09:18 AM] |
| Filing 78 Received 7 paper copies of Amicus Brief [ # 70 ] filed by California State Sheriffs Association. [10730491] (RG) [Entered: 01/19/2018 11:17 AM] |
| Filing 77 Received 7 paper copies of Amicus Brief [ # 64 ] filed by National Rifle Association Freedom Action Foundation. [10727332] (RG) [Entered: 01/17/2018 12:37 PM] |
| Filing 76 Filed (ECF) Appellant Xavier Becerra Motion to extend time to file Reply brief until 02/07/2018. Date of service: 01/16/2018. [10725540] [17-56081] (Gordon, Alexandra) [Entered: 01/16/2018 12:46 PM] |
| Filing 75 Filed clerk order: The amicus brief [ # 72 ] submitted by States of Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. 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 CM/ECF. [10725277] (GV) [Entered: 01/16/2018 11:19 AM] |
| Filing 74 Entered appearance of Amicus Curiae States of Arizona, Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Michigan, Missouri, Montana, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wyoming. [10725162] (GV) [Entered: 01/16/2018 10:46 AM] |
| Filing 73 Filed clerk order: The amicus brief [ # 70 ] submitted by California State Sheriffs Association, Western States Sheriffs Association, California Reserve Peace Officers Association, San Francisco Veteran Police Officers Association, California Gang Investigators Association, International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, International Association of Law Enforcement Firearms Instructors, Association of New Jersey Rifle & Pistol Clubs, Bridgeville Rifle & Pistol Club, Connecticut Citizens Defense League, Delaware State Sportsmens Association, Gun Owners Action League Massachusetts, Gun Owners of California, Hawaii Rifle Association, Illinois State Rifle Association, Missourians for Personal Safety, New York State Rifle & Pistol Association, Vermont Federation of Sportsmens Clubs, Vermont State Rifle & Pistol Association, Virginia Shooting Sports Association, and Western Missouri Shooters 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 CM/ECF. [10724681] (GV) [Entered: 01/16/2018 09:13 AM] |
| Filing 72 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Arizona. Date of service: 01/12/2018. [10724225] [17-56081] (Skinner, Oramel) [Entered: 01/12/2018 04:50 PM] |
| Filing 71 Entered appearance of Amicus Curiae California State Sheriffs Association, Western States Sheriffs Association, California Reserve Peace Officers Association, San Francisco Veteran Police Officers Association, California Gang Investigators Association, International Law Enforcement Educators and Trainers Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, International Association of Law Enforcement Firearms Instructors, Association of New Jersey Rifle & Pistol Clubs, Bridgeville Rifle & Pistol Club, Connecticut Citizens Defense League, Delaware State Sportsmens Association, Gun Owners Action League Massachusetts, Gun Owners of California, Hawaii Rifle Association, Illinois State Rifle Association, Missourians for Personal Safety, New York State Rifle & Pistol Association, Vermont Federation of Sportsmens Clubs, Vermont State Rifle & Pistol Association, Virginia Shooting Sports Association, and Western Missouri Shooters [10724215] (GV) [Entered: 01/12/2018 04:46 PM] |
| Filing 70 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Law Enforcement Groups and State and Local Firearms Rights Groups, California State Sheriffs' Association et al.. Date of service: 01/12/2018. [10724108] [17-56081] (Peterson, Dan) [Entered: 01/12/2018 04:02 PM] |
| Filing 69 Received 7 paper copies of Amicus Brief [ # 58 ] filed by DRGO. [10723436] (RG) [Entered: 01/12/2018 12:49 PM] |
| Filing 68 Filed clerk order: The amicus brief [ # 64 ] submitted by National Rifle Association Freedom Action Foundation 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 CM/ECF. [10723126] (GV) [Entered: 01/12/2018 10:54 AM] |
| Filing 67 Entered appearance of Amicus Curiae National Rifle Association Freedom Action Foundation. [10723111] (GV) [Entered: 01/12/2018 10:50 AM] |
| Filing 66 Filed clerk order: The amicus brief [ # 62 ] submitted by Shooters Committee on Political Education (SCOPE, Inc.) 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 CM/ECF. [10723071] (GV) [Entered: 01/12/2018 10:40 AM] |
| Filing 65 Entered appearance of Amicus Curiae Shooters Committee on Political Education (SCOPE, Inc.). [10723061] (GV) [Entered: 01/12/2018 10:38 AM] |
| Filing 64 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by National Rifle Association Freedom Action Foundation. Date of service: 01/12/2018. [10722848] [17-56081] (Thompson, David) [Entered: 01/12/2018 09:50 AM] |
| Filing 62 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by The Shooter's Committee on Political Education ("SCOPE, Inc."). Date of service: 01/11/2018. [10722506] [17-56081] (Tresmond, Maximillian) [Entered: 01/11/2018 08:58 PM] |
| Filing 63 Received 7 paper copies of Answering Brief [ # 55 ] filed by California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. [10722615] (RG) [Entered: 01/12/2018 08:33 AM] |
| Filing 61 Filed four paper copies of supplemental excerpts of record [ # 56 ] in 3 volume(s) filed by Appellee California Rifle & Pistol Association, Inc. et al. [10720558] (GV) [Entered: 01/10/2018 03:49 PM] |
| Filing 60 Filed clerk order: The amicus brief [ # 58 ] submitted by Doctors for Responsible Gun Ownership, (DRGO) Independence Institute, Millennial Policy Centeris 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 CM/ECF. [10716437] (GV) [Entered: 01/08/2018 12:14 PM] |
| Filing 59 Entered appearance of Amicus Curiae Doctors for Responsible Gun Ownership, ( DRGO), Independence Institute, Millennial Policy Center. [10716422] (GV) [Entered: 01/08/2018 12:11 PM] |
| Filing 58 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Doctors for Responsible Gun Ownership, Independence Institute, Millennial Policy Center. Date of service: 01/08/2018. [10716248] [17-56081]--[COURT UPDATE: Removed Notice of Appearance (unnecessary). 01/08/2018 by RY] (Greenlee, Joseph) [Entered: 01/08/2018 11:37 AM] |
| Filing 57 Filed clerk order: The answering brief [ # 55 ] submitted by California Rifle & Pistol Association, Inc., et al., 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 CM/ECF. The Court has reviewed the supplemental excerpts of record [ # 56 ] submitted by California Rifle & Pistol Association, Inc., et al. 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. [10716044] (GV) [Entered: 01/08/2018 10:52 AM] |
| Filing 56 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. Date of service: 01/05/2018. [10715364] [17-56081] (Clement, Paul) [Entered: 01/05/2018 07:33 PM] |
| Filing 55 Submitted (ECF) Answering Brief for review. Submitted by Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. Date of service: 01/05/2018. [10715361] [17-56081] (Clement, Paul) [Entered: 01/05/2018 07:28 PM] |
| Filing 54 Added attorney Kasdin Miller Mitchell, Paul D. Clement for Christopher Waddell David Marguglio Richard Lewis California Rifle & Pistol Association, Inc. Virginia Duncan Patrick Lovette, in case 17-56081. [10715006] (JFF) [Entered: 01/05/2018 03:34 PM] |
| Filing 53 Filed (ECF) notice of appearance of Kasdin M. Mitchell for Appellees Christopher Waddell, David Marguglio, Patrick Lovette, Richard Lewis, Virginia Duncan and California Rifle & Pistol Association, Inc.. Date of service: 01/05/2018. [10714826] [17-56081] (Mitchell, Kasdin) [Entered: 01/05/2018 02:39 PM] |
| Filing 52 Filed (ECF) notice of appearance of Paul D. Clement for Appellees Virginia Duncan, Christopher Waddell, California Rifle & Pistol Association, Inc., Richard Lewis, Patrick Lovette and David Marguglio. Date of service: 01/05/2018. [10714767] [17-56081] (Clement, Paul) [Entered: 01/05/2018 02:24 PM] |
| Filing 51 Received 7 paper copies of Amicus Brief [ # 47 ] filed by Everytown for Gun Safety. [10690871] (DB) [Entered: 12/14/2017 12:47 PM] |
| Filing 50 Filed clerk order: The amicus brief [ # 47 ] 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 CM/ECF. [10687947] (GV) [Entered: 12/12/2017 02:13 PM] |
| Filing 49 Filed clerk order (Deputy Clerk: LBS): Amicus curiae Everytown for Gun Safetys motion (Docket Entry No. [ # 46 ]) to file a corrected amicus brief is granted. The Clerk will file the corrected amicus brief submitted at Docket Entry No. [ # 47 ] and strike the amicus brief previously submitted at Docket Entry No. [ # 30 ]. Appellees motion (Docket Entry No. [ # 48 ]) for an extension of time to file the answering brief is granted. The answering brief is due January 5, 2018. The optional reply brief is due within 21 days after service of the answering brief. [10687682] (HC) [Entered: 12/12/2017 12:18 PM] |
| Filing 48 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell Unopposed Motion to extend time to file Answering brief until 01/05/2018. Date of service: 12/06/2017. [10681569] [17-56081] --[COURT UPDATE: Updated docket text to reflect correct brief type. 12/7/2017 by TYL] (Barvir, Anna) [Entered: 12/06/2017 05:43 PM] |
| Filing 47 Submitted (ECF) Amicus Brief for review. Submitted by Amicus Curiae Everytown for Gun Safety. Date of service: 11/22/2017. [10666031] --[COURT ENTERED FILING to correct entry [45] .] (TYL) [Entered: 11/24/2017 11:16 AM] |
| Filing 46 Filed (ECF) Amicus Curiae Everytown for Gun Safety Motion to file substitute or corrected brief. Date of service: 11/22/2017. [10666028] --[COURT ENTERED FILING to correct entry [45] .] (TYL) [Entered: 11/24/2017 11:16 AM] |
| Filing 45 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entries: [ # 46 ] and [ # 47 ]. Original Text: Filed (ECF) Errata to Amicus Brief ([ # 30 ] Brief Submitted for Review (ECF Filing)). Filed by Amicus Curiae Everytown for Gun Safety. Date of service: 11/22/2017. [10665213] [17-56081] (Perez-Marques, Antonio) [Entered: 11/22/2017 03:23 PM] |
| Filing 44 Received 7 paper copies of Amicus Brief [ # 17 ] filed by District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and Washington. [10639769] (RG) [Entered: 11/01/2017 12:42 PM] |
| Filing 43 Filed clerk order (Deputy Clerk: LBS): Appellees unopposed motion (Docket Entry No. [ # 39 ]) for an extension of time to file the answering brief is granted. The answering brief is due December 15, 2017. The optional reply brief is due within 21 days after service of the answering brief. [10635464] (GWL) [Entered: 10/30/2017 09:22 AM] |
| Filing 42 Received 7 paper copies of Amicus Brief [ # 15 ] filed by Brady Center to Prevent Gun Violence. [10630421] (RG) [Entered: 10/25/2017 07:51 AM] |
| Filing 41 Received 7 paper copies of Amicus Brief [ # 22 ] filed by AMERICAN ACADEMY OF PEDIATRICS, CALIFORNIA, California Academy of Family Physicians and California Chapter of the American College of Emergency Physicians. [10630414] (RG) [Entered: 10/25/2017 07:49 AM] |
| Filing 40 Received 7 paper copies of Amicus Brief [ # 30 ] filed by Everytown for Gun Safety. [10630407] (RG) [Entered: 10/25/2017 07:44 AM] |
| Filing 39 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell Unopposed Motion to extend time to file Answering brief until 12/15/2017. Date of service: 10/24/2017. [10630307] [17-56081] (Barvir, Anna) [Entered: 10/24/2017 05:35 PM] |
| Filing 38 Received 7 paper copies of Amicus Brief [ # 23 ] filed by Giffords Law Center to Prevent Gun Violence and Gavin Newsom. [10628988] (DB) [Entered: 10/24/2017 09:20 AM] |
| Filing 37 Received 7 paper copies of Amicus Brief [ # 29 ] filed by City and County of San Francisco, et al. [10627484] (DB) [Entered: 10/23/2017 11:37 AM] |
| Filing 36 Received 7 paper copies of Amicus Brief [ # 31 ] filed by Pride Fund to End Gun Violence, et al. [10626921] (DB) [Entered: 10/23/2017 07:43 AM] |
| Filing 35 Filed clerk order: The amici brief [ # 31 ] submitted by Pride Fund to End Gun Violence, et al. 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 CM/ECF. [10625356] (KWG) [Entered: 10/20/2017 10:47 AM] |
| Filing 34 Filed clerk order: The amicus brief [ # 30 ] 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 CM/ECF. [10625346] (KWG) [Entered: 10/20/2017 10:45 AM] |
| Filing 33 Filed clerk order: The amici brief [ # 29 ] submitted by City and County of San Francisco, et al. 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 CM/ECF. [10625338] (KWG) [Entered: 10/20/2017 10:42 AM] |
| Filing 32 Entered appearance of Amici Curiae City of Los Angeles, City of Sunnyvale, City and County of San Francisco, Pride Fund to End Gun Violence, Equality California, Gays Against Guns and Everytown for Gun Safety. [10625325] (KWG) [Entered: 10/20/2017 10:38 AM] |
| Filing 31 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by PRIDE FUND TO END GUN VIOLENCE, EQUALITY CALIFORNIA, AND GAYS AGAINST GUNS. Date of service: 10/19/2017. [10624893] [17-56081] (Levitt, Jamie) [Entered: 10/19/2017 09:37 PM] |
| Filing 30 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown For Gun Safety. Date of service: 10/19/2017. [10624601] [17-56081] (Perez-Marques, Antonio) [Entered: 10/19/2017 03:42 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CITY AND COUNTY OF SAN FRANCISCO; CITY OF LOS ANGELES; CITY OF SUNNYVALE. Date of service: 10/19/2017. [10624444] [17-56081] (Weatherford, Victoria) [Entered: 10/19/2017 03:02 PM] |
| Filing 27 Filed clerk order: The amici brief [ # 23 ] submitted by Giffords Law Center to Prevent Gun Violence and Gavin Newsom 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 CM/ECF. [10624207] (KWG) [Entered: 10/19/2017 02:01 PM] |
| Filing 26 Entered appearance of Amici Curiae Giffords Law Center to Prevent Gun Violence and Gavin Newsom. [10624202] (KWG) [Entered: 10/19/2017 02:00 PM] |
| Filing 25 Filed clerk order: The amici brief [ # 22 ] submitted by California Chapter of the American College of Emergency Physicians, et al. 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 CM/ECF. [10624085] (KWG) [Entered: 10/19/2017 01:22 PM] |
| Filing 24 Entered appearance of Amici Curiae California Chapter of the American College of Emergency Physicians, American Academy of Pediatrics, California and California Academy of Family Physicians. [10624069] (KWG) [Entered: 10/19/2017 01:17 PM] |
| Filing 23 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE AND CALIFORNIA LIEUTENANT GOVERNOR GAVIN NEWSOM IN SUPPORT OF APPELLANTS AND REVERSAL. Date of service: 10/19/2017. [10624052] [17-56081] (Schoenberg, Anthony) [Entered: 10/19/2017 01:11 PM] |
| Filing 22 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by CALIFORNIA CHAPTER OF THE AMERICAN COLLEGE OF EMERGENCY PHYSICIANS, AMERICAN ACADEMY OF PEDIATRICS, CALIFORNIA, AND CALIFORNIA ACADEMY OF FAMILY PHYSICIANS. Date of service: 10/19/2017. [10623960] [17-56081] (Ciani, Mark) [Entered: 10/19/2017 12:07 PM] |
| Filing 21 Filed clerk order: The amici brief [ # 17 ] submitted by District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and Washington 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 CM/ECF. [10623844] (KWG) [Entered: 10/19/2017 11:30 AM] |
| Filing 20 Filed (ECF) notice of appearance of Sonya L. Lebsack for Amicus Curiae District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and Washington. Date of service: 10/19/2017. [10623825] [17-56081] (Lebsack, Sonya) [Entered: 10/19/2017 11:27 AM] |
| Filing 19 Filed clerk order: The amicus brief [ # 15 ] 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 CM/ECF. [10623798] (KWG) [Entered: 10/19/2017 11:22 AM] |
| Filing 18 Entered appearance of Amici Curiae District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, Washington and Brady Center to Prevent Gun Violence. [10623773] (KWG) [Entered: 10/19/2017 11:15 AM] |
| Filing 17 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by the District of Columbia, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and Washington. Date of service: 10/19/2017. [10623632] [17-56081] (Lebsack, Sonya) [Entered: 10/19/2017 10:35 AM] |
| Filing 16 Received 7 paper copies of Opening Brief [ # 12 ] filed by Xavier Becerra. [10623569] (RG) [Entered: 10/19/2017 10:18 AM] |
| Filing 28 Filed 4 paper copies of excerpts of record [ # 13 ] in 11 volume(s) filed by Appellant Xavier Becerra. [10624347] (KWG) [Entered: 10/19/2017 02:35 PM] |
| Filing 15 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Brady Center To Prevent Gun Violence. Date of service: 10/18/2017. [10623056] [17-56081] (Wolfson, Paul) [Entered: 10/18/2017 05:35 PM] |
| Filing 14 Filed clerk order: The opening brief [ # 12 ] submitted by Xavier Becerra 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 CM/ECF. The Court has reviewed the excerpts of record [ # 13 ] submitted by Xavier Becerra. 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. [10616722] (KWG) [Entered: 10/13/2017 10:20 AM] |
| Filing 13 Submitted (ECF) excerpts of record. Submitted by Appellant Xavier Becerra. Date of service: 10/12/2017. [10616291] [17-56081] (Gordon, Alexandra) [Entered: 10/12/2017 05:36 PM] |
| Filing 12 Submitted (ECF) Opening Brief for review. Submitted by Appellant Xavier Becerra. Date of service: 10/12/2017. [10616285] [17-56081] (Gordon, Alexandra) [Entered: 10/12/2017 05:31 PM] |
| Filing 11 Added attorney Erin E. Murphy for Christopher Waddell David Marguglio Richard Lewis California Rifle & Pistol Association, Inc. Virginia Duncan Patrick Lovette. [10604993] (RL) [Entered: 10/04/2017 08:56 AM] |
| Filing 10 Filed (ECF) notice of appearance of Erin E. Murphy for Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell. Date of service: 10/04/2017. [10604973] [17-56081] (Murphy, Erin) [Entered: 10/04/2017 08:49 AM] |
| Filing 9 Filed order (Appellate Commissioner): Appellants unopposed motion (Docket Entry No. [ # 8 ]) for a second extension of time to file the opening brief is granted. The opening brief is due October 12, 2017. The answering brief is due November 13, 2017. The optional reply brief is due within 21 days after service of the answering brief. (Pro Mo) [10572103] (MS) [Entered: 09/07/2017 09:14 AM] |
| Filing 8 Filed (ECF) Appellant Xavier Becerra Unopposed Motion to extend time to file Opening brief until 10/12/2017. Date of service: 09/06/2017. [10571267] [17-56081] (Gordon, Alexandra) [Entered: 09/06/2017 02:53 PM] |
| Filing 7 Filed clerk order (Deputy Clerk: LBS): Appellants unopposed motion (Docket Entry No. [ # 6 ]) for an extension of time to file the opening brief is granted. The opening brief is due September 22, 2017. The answering brief is due October 20, 2017. The optional reply brief is due within 21 days after service of the answering brief. Appellant is reminded that a motion for an extension of time should be accompanied by a declaration stating that the court reporter is not in default with regard to any designated transcripts. See 9th Cir. R. 31-2.2(b)(7). [10535562] (GWL) [Entered: 08/07/2017 02:07 PM] |
| Filing 6 Filed (ECF) Appellant Xavier Becerra Unopposed Motion to extend time to file Opening brief until 09/22/2017. Date of service: 08/02/2017. [10530779] [17-56081] (Gordon, Alexandra) [Entered: 08/02/2017 02:21 PM] |
| Filing 5 MEDIATION ORDER FILED: 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. [10529550] (CL) [Entered: 08/01/2017 03:55 PM] |
| Filing 4 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Richard Lewis, Patrick Lovette, David Marguglio and Christopher Waddell Mediation Questionnaire. Date of service: 07/31/2017. [10528027] [17-56081] (Barvir, Anna) [Entered: 07/31/2017 06:01 PM] |
| Filing 3 Filed (ECF) Appellant Xavier Becerra Mediation Questionnaire. Date of service: 07/31/2017. [10527416] [17-56081] (Gordon, Alexandra) [Entered: 07/31/2017 02:27 PM] |
| Filing 2 Filed clerk order (Deputy Clerk: KAM): 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 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, 2017; the answering brief is due September 21, 2017 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 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. . [10525450] (TSP) [Entered: 07/28/2017 12:02 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. [10525018] (RT) [Entered: 07/28/2017 09:47 AM] |
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