Michelle Flanagan, et al v. Xavier Becerra
| GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE, CITY AND COUNTY OF SAN FRANCISCO, SANTA CLARA COUNTY, CHARLES NICHOLS, PROFESSORS OF HISTORY AND LAW, NEW JERSEY, CONNECTICUT, DELAWARE, IOWA, MARYLAND, MASSACHUSETTS, NEW YORK, OREGON, RHODE ISLAND, VIRGINIA, AND THE DISTRICT OF COLUMBIA, ALAMEDA COUNTY, SAN MATEO COUNTY and EVERYTOWN FOR GUN SAFETY |
| CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., DOMINIC NARDONE, SAMUEL GOLDEN, MICHELLE FLANAGAN and JACOB PERKIO |
| XAVIER BECERRA, in his official capacity as Attorney General of the State of California and JAMES MCDONNELL, Sheriff of Los Angeles County |
| 18-55717 |
| June 5, 2018 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 57 Filed clerk order (Deputy Clerk: HL): The court stays proceedings in this appeal pending the issuance of a decision in 12-17808, Young v. State of Hawaii (en banc proceedings stayed pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc, v. City of New York); or upon further order of this court. [11381674] (AF) [Entered: 07/30/2019 03:23 PM] |
| Filing 56 Filed clerk order (Deputy Clerk: PK): No judge has requested a vote to hear this case initially en banc within the time allowed by GO 5.2(a). The petition for initial hearing en banc (Docket Entry No. [ # 12 ]) is therefore denied. [11182996] (AF) [Entered: 02/07/2019 03:24 PM] |
| Filing 55 Filed (ECF) Errata to Opening Brief ([ # 16 ] Brief Submitted for Review (ECF Filing)). Filed by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 01/07/2019. [11143353] [18-55717]--[COURT UPDATE: Attached corrected pdf (brief removed). 01/08/2019 by LA] (Michel, Carl) [Entered: 01/07/2019 11:55 AM] |
| Filing 54 Received 7 paper copies of Reply Brief [ # 52 ] filed by Appellants. [11126560] (DB) [Entered: 12/19/2018 02:09 PM] |
| Filing 53 Filed clerk order: The reply brief [ # 52 ] 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 submitted to the principal office of the Clerk. [11118736] (LA) [Entered: 12/12/2018 02:47 PM] |
| Filing 52 Submitted (ECF) Reply Brief for review. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 12/11/2018. [11117836] [18-55717] (Michel, Carl) [Entered: 12/11/2018 08:15 PM] |
| Filing 51 Received 7 paper copies of Amicus Brief [ # 35 ] filed by New Jersey, Connecticut, Delaware, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia. [11112573] (DB) [Entered: 12/06/2018 02:07 PM] |
| Filing 50 Received 10 paper copies of Amicus Brief [ # 37 ] filed by Giffords Law Center to Prevent Gun Violence. [11105260] (SD) [Entered: 11/30/2018 02:47 PM] |
| Filing 49 Received 7 paper copies of Amicus Brief [ # 38 ] filed by Alameda County, City and County of San Francisco, San Mateo County and Santa Clara County. [11105029] (SD) [Entered: 11/30/2018 01:33 PM] |
| Filing 48 Received 7 paper copies of Answering Brief [ # 27 ] filed by James McDonnell. [11101967] (SD) [Entered: 11/28/2018 02:02 PM] |
| Filing 47 Added attorney Kavita Narayan for Santa Clara County, in case 18-55717. [11101908] (CW) [Entered: 11/28/2018 01:41 PM] |
| Filing 46 Filed (ECF) notice of appearance of Kavita Narayan for Amicus Curiae Santa Clara County. Date of service: 11/28/2018. [11101891] [18-55717] (Narayan, Kavita) [Entered: 11/28/2018 01:36 PM] |
| Filing 45 Filed clerk order: The amicus brief [ # 35 ] submitted by New Jersey, Connecticut, Delaware, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia 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. [11101853] (KT) [Entered: 11/28/2018 01:24 PM] |
| Filing 44 Entered appearance of Amici Curiae New Jersey, Connecticut, Delaware, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia. [11101847] (KT) [Entered: 11/28/2018 01:23 PM] |
| Filing 43 ENTRY UPDATED. Filed clerk order: The amicus brief [ # 39 ] 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. [11101838] --[Edited 11/30/2018 by KT updated docket text to correct filer and attached corrected order] (KT) [Entered: 11/28/2018 01:19 PM] |
| Filing 42 Filed clerk order: The amicus brief [ # 38 ] submitted by Alameda County, City and County of San Francisco, San Mateo County and Santa Clara County 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. [11101835] (KT) [Entered: 11/28/2018 01:19 PM] |
| Filing 41 Filed clerk order: The amicus brief [ # 37 ] submitted by Giffords 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 CM/ECF. [11101830] (KT) [Entered: 11/28/2018 01:18 PM] |
| Filing 40 Entered appearance of Amici Curiae Giffords Law Center to Prevent Gun Violence, Alameda County, San Mateo County, Santa Clara County, City and County of San Francisco and Everytown for Gun Safety. [11101827] (KT) [Entered: 11/28/2018 01:17 PM] |
| Filing 39 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown for Gun Safety. Date of service: 11/27/2018. [11100861] [18-55717] (Gupta, Deepak) [Entered: 11/27/2018 03:56 PM] |
| Filing 38 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by County of Santa Clara, County of Alameda, County of San Mateo, and City and County of San Francisco. Date of service: 11/27/2018. [11100760] [18-55717] (Lundstrom, Tara) [Entered: 11/27/2018 03:32 PM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Giffords Law Center to Prevent Gun Violence. Date of service: 11/27/2018. [11100603] [18-55717] (Frankel, Simon) [Entered: 11/27/2018 02:35 PM] |
| Filing 36 Received 7 paper copies of Answering Brief [ # 30 ] filed by Xavier Becerra. [11100442] (SD) [Entered: 11/27/2018 01:21 PM] |
| Filing 35 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New Jersey, Connecticut, Delaware, Iowa, Maryland, Massachusetts, New York, Oregon, Rhode Island, Virginia, and the District of Columbia. Date of service: 11/27/2018. [11100255] [18-55717] (Moramarco, Glenn) [Entered: 11/27/2018 11:32 AM] |
| Filing 34 Received 7 paper copies of Amicus Brief [ # 29 ] filed by Professors of History and Law. [11099015] (SD) [Entered: 11/26/2018 01:55 PM] |
| Filing 33 Filed clerk order: The answering brief [ # 30 ] 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: 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. [11096065] (KT) [Entered: 11/21/2018 11:02 AM] |
| Filing 32 Filed clerk order: The amicus brief [ # 29 ] submitted by Professors of History and Law 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. [11096057] (KT) [Entered: 11/21/2018 11:01 AM] |
| Filing 31 Entered appearance of Amicus Curiae Professors of History and Law. [11096053] (KT) [Entered: 11/21/2018 11:00 AM] |
| Filing 30 Submitted (ECF) Answering Brief for review. Submitted by Appellee Xavier Becerra. Date of service: 11/20/2018. [11095572] [18-55717] (Siegel, Samuel) [Entered: 11/20/2018 05:02 PM] |
| Filing 29 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Professors of History and Law. Date of service: 11/20/2018. [11095467] [18-55717] (Selwyn, Mark) [Entered: 11/20/2018 04:25 PM] |
| Filing 28 Filed clerk order: The answering brief [ # 27 ] submitted by James McDonnell 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. [11095151] (KT) [Entered: 11/20/2018 03:27 PM] |
| Filing 27 Submitted (ECF) Answering Brief for review. Submitted by Appellee James McDonnell. Date of service: 11/20/2018. [11095057] [18-55717] (Choi, Lana) [Entered: 11/20/2018 02:56 PM] |
| Filing 24 Streamlined request [21], [22] by Appellees Xavier Becerra and James McDonnell to extend time to file the brief is approved. Amended briefing schedule: Appellees Xavier Becerra and James McDonnell answering brief due 12/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11042063] (KM) [Entered: 10/10/2018 04:31 PM] |
| Filing 22 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee James McDonnell. New requested due date is 11/20/2018. [11041845] [18-55717] (Choi, Lana) [Entered: 10/10/2018 03:32 PM] |
| Filing 21 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Xavier Becerra. New requested due date is 11/20/2018. [11041736] [18-55717] (Siegel, Samuel) [Entered: 10/10/2018 02:57 PM] |
| Filing 26 Filed 4 paper copies of excerpts of record [ # 17 ] in 10 volume(s) filed by Appellants. [11042457] (KT) [Entered: 10/11/2018 08:33 AM] |
| Filing 25 Filed original and 0 copies of Charles Nichols amicus brief of 13 pages. Served via ECF on 10/09/2018. [11042117] (KT) [Entered: 10/10/2018 04:44 PM] |
| Filing 23 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 25 ]. Original Text: Received original and 0 copies of Amicus Curiae - Pending Charles Nichols brief in 13 pages. Served via ECF on: 10/10/2018. Major deficiencies: Motion to file amicus brief required. Notified amicus. [11042032] (KT) [Entered: 10/10/2018 04:24 PM] |
| Filing 20 Entered appearance of Amicus Curiae - Pending Charles Nichols. [11041649] (KT) [Entered: 10/10/2018 02:26 PM] |
| Filing 19 Received 7 paper copies of Opening Brief [ # 16 ] filed by appellants. [11041221] (DB) [Entered: 10/10/2018 12:14 PM] |
| Filing 18 Filed clerk order: The opening brief [ # 16 ] 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 CM/ECF. The Court has reviewed the excerpts of record [ # 17 ] 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. [11033521] (KT) [Entered: 10/03/2018 10:04 AM] |
| Filing 17 Submitted (ECF) excerpts of record. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033141] [18-55717] (Michel, Carl) [Entered: 10/02/2018 09:01 PM] |
| Filing 16 Submitted (ECF) Opening Brief for review. Submitted by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/01/2018. [11033139] [18-55717] (Michel, Carl) [Entered: 10/02/2018 08:58 PM] |
| Filing 15 Added attorney Erin E. Murphy, Paul D. Clement for Jacob Perkio Samuel Golden California Rifle & Pistol Association, Inc. Dominic Nardone Michelle Flanagan, in case 18-55717. [11031522] (CW) [Entered: 10/02/2018 08:35 AM] |
| Filing 14 Filed (ECF) notice of appearance of Erin E. Murphy for Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/02/2018. [11031514] [18-55717] (Murphy, Erin) [Entered: 10/02/2018 08:15 AM] |
| Filing 13 Filed (ECF) notice of appearance of Paul D. Clement for Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. Date of service: 10/02/2018. [11031512] [18-55717] (Clement, Paul) [Entered: 10/02/2018 08:12 AM] |
| Filing 12 Filed (ECF) Appellee Xavier Becerra Motion for miscellaneous relief [Petition for Initial Hearing En Banc]. Date of service: 09/21/2018. [11020720] [18-55717] (Siegel, Samuel) [Entered: 09/21/2018 11:05 AM] |
| Filing 11 Streamlined request [10] by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio to extend time to file the brief is approved. Amended briefing schedule: Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 10/12/2018. Appellees Xavier Becerra and James McDonnell answering brief due 11/13/2018. The optional reply brief is due 21 days from the date of service of the answering brief. [11004443] (SB) [Entered: 09/07/2018 12:54 PM] |
| Filing 10 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio. New requested due date is 10/02/2018. [11004064] [18-55717] (Michel, Carl) [Entered: 09/07/2018 09:49 AM] |
| Filing 9 Entered appearance of Appellee James McDonnell, Sheriff of Los Angeles County, per Amended NOA filed 6-15-2018. [10960524] (RT) [Entered: 07/31/2018 09:19 AM] |
| Filing 8 Added attorney Michael J. Mongan for Xavier Becerra, in case 18-55717. [10925356] (CW) [Entered: 06/28/2018 09:39 AM] |
| Filing 7 Filed (ECF) notice of appearance of Michael James Mongan for Appellee Xavier Becerra. Date of service: 06/28/2018. [10925348] [18-55717] (Mongan, Michael) [Entered: 06/28/2018 09:37 AM] |
| Filing 6 Added attorney Samuel P. Siegel for Xavier Becerra, in case 18-55717. [10925290] (NAC) [Entered: 06/28/2018 09:20 AM] |
| Filing 5 Filed (ECF) notice of appearance of Samuel P. Siegel for Appellee Xavier Becerra. Date of service: 06/28/2018. [10925170] [18-55717] (Siegel, Samuel) [Entered: 06/28/2018 08:42 AM] |
| Filing 4 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. [10916404] (CL) [Entered: 06/20/2018 04:14 PM] |
| Filing 3 Received copy of amended notice of appeal from district court filed 6/15/18. [10910830] (CW) [Entered: 06/15/2018 01:37 PM] |
| Filing 2 Filed (ECF) Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio Mediation Questionnaire. Date of service: 06/12/2018. [10906357] [18-55717] (Michel, Carl) [Entered: 06/12/2018 06:05 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 06/12/2018. Transcript ordered by 07/05/2018. Transcript due 08/03/2018. Appellants California Rifle & Pistol Association, Inc., Michelle Flanagan, Samuel Golden, Dominic Nardone and Jacob Perkio opening brief due 09/12/2018. Appellee Xavier Becerra answering brief due 10/12/2018. Appellant's optional reply brief is due 21 days after service of the answering brief. [10897314] (JBS) [Entered: 06/05/2018 02:39 PM] |
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