State of Washington, et al v. Second Amendment Foundation, et al
| DIRECTORATE OF DEFENSE TRADE CONTROLS, US DEPARTMENT OF STATE, MIKE MILLER, in his official capacity as Acting Deputy Assistant Secretary of Defense Trade Controls, SARAH HEIDEMA, in her official capacity as Director of Policy, Office of Defense Trade Controls Policy, MICHAEL POMPEO, in his official capacity as Secretary of State and DEFENSE DISTRIBUTED |
| STATE OF COLORADO, STATE OF ILLINOIS, STATE OF NEW YORK, STATE OF IOWA, STATE OF VIRGINIA, STATE OF NEW JERSEY, STATE OF CALIFORNIA, DISTRICT OF COLUMBIA, STATE OF NORTH CAROLINA, STATE OF MINNESOTA, STATE OF WASHINGTON, STATE OF DELAWARE, STATE OF OREGON, COMMONWEALTH OF PENNSYLVANIA, COMMONWEALTH OF MASSACHUSETTS, STATE OF HAWAII, STATE OF MARYLAND, STATE OF VERMONT, STATE OF CONNECTICUT and STATE OF RHODE ISLAND |
| SECOND AMENDMENT FOUNDATION, INC., CONN WILLIAMSON and SECOND AMENDMENT FOUNDATION |
| 20-35064 |
| January 28, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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| Filing 25 MANDATE ISSUED. (SRT, MMS and CMC) [11961709] [20-35030, 20-35064] (RR) [Entered: 01/13/2021 08:14 AM] |
| Filing 24 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN) Appellants motion for reconsideration en banc (Docket Entry No. [ # 23 ] in 20-35030) is denied on behalf of the court. See 9th Cir. R. 27-10; 9th Cir. Gen. Ord. 6.11. No further filings will be entertained in this closed case. [11952932] [20-35030, 20-35064] (WL) [Entered: 01/05/2021 01:23 PM] |
| Filing 23 Filed (ECF) Appellant Defense Distributed in 20-35030 petition for rehearing en banc (from 07/21/2020 memorandum). Date of service: 08/04/2020. [11777616] [20-35030, 20-35064] (Flores, Charles) [Entered: 08/04/2020 08:50 PM] |
| Filing 22 Filed order (SIDNEY R. THOMAS, MARY M. SCHROEDER and CONSUELO M. CALLAHAN) Appellees have moved to dismiss these consolidated appeals as moot (Docket Entry No. 20 in No. 20-35030). On June 19, 2020, this court issued an order to show cause as to whether appellants possess the requisite standing to bring and/or prosecute these appeals. Upon a review of the record, the briefing on the motion to dismiss, and the responses to the courts June 19, 2020 order, we conclude that these appeals are moot because no present controversy exists as to which any effective relief may be granted to appellants. See Nome Eskimo Cmty. v. Babbitt, 67 F.3d 813, 815-16 (9th Cir. 1995) (affirming dismissal of action to enjoin governments sale of disputed lands as moot where government voluntarily canceled sale and there was no immediate prospect of another, similar lease sale). Accordingly, the motion to dismiss is granted. These appeals are dismissed for lack of jurisdiction. DISMISSED. [11760867] [20-35030, 20-35064] (WL) [Entered: 07/21/2020 02:58 PM] |
| Filing 21 Filed (ECF) Appellee State of Washington in 20-35064 response to Court order dated 06/19/2020. Date of service: 07/20/2020. [11758567] [20-35064, 20-35030] (Beneski, Kristin) [Entered: 07/20/2020 11:34 AM] |
| Filing 20 Filed (ECF) Appellant Defense Distributed in 20-35030 response to Court order dated 07/10/2020. Date of service: 07/10/2020. [11749696] [20-35030, 20-35064] (Flores, Charles) [Entered: 07/10/2020 08:20 PM] |
| Filing 19 Filed clerk order (Deputy Clerk: LCC): The court sua sponte consolidates these appeals. Appeal Nos. 20-35030 and 20-35064 are consolidated. The court has reviewed the briefing in support of and in opposition to appellees motion to dismiss. A review of these filings and the underlying record suggests that this court may lack jurisdiction over these appeals because appellants may lack standing to bring/prosecute these appeals. See Lujan v. Def. of Wildlife, 504 U.S. 555, 560-61 (1992) (stating criteria for standing); see also In re First Capital Holdings Corp. Fin. Prod. Sec. Litig., 33 F.3d 29, 30 (9th Cir. 1994) (noting that the same standing criteria that apply in the district court apply in the court of appeals). Within 21 days after the date of this order, appellants shall file a response showing cause why these appeals should not be dismissed for lack of standing. Appellees may file a response within 10 days after service of appellants memorandum. If appellants do not comply with this order, the Clerk shall dismiss these appeals pursuant to Ninth Circuit Rule 42-1. The motion to dismiss will be addressed by separate order. Briefing remains stayed pending further order of the court. [11727673] [20-35030, 20-35064] (WL) [Entered: 06/19/2020 12:53 PM] |
| Filing 18 Filed (ECF) Appellees Commonwealth of Massachusetts, Commonwealth of Pennsylvania, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Virginia and State of Washington reply to response (). Date of service: 05/15/2020. [11692304] [20-35064] (Beneski, Kristin) [Entered: 05/15/2020 12:23 PM] |
| Filing 17 Filed (ECF) Appellants Second Amendment Foundation and Conn Williamson response opposing motion ([ # 16 ] Motion (ECF Filing), [ # 16 ] Motion (ECF Filing) motion to dismiss the case). Date of service: 05/08/2020. [11685707] [20-35064] (Goldstein, Matthew) [Entered: 05/08/2020 06:14 PM] |
| Filing 16 Filed (ECF) Appellee State of Washington Motion to dismiss the case. Date of service: 04/28/2020. [11674707] [20-35064] (Beneski, Kristin) [Entered: 04/28/2020 03:18 PM] |
| Filing 15 Streamlined request [14] by Appellants Second Amendment Foundation and Conn Williamson to extend time to file the brief is approved. Amended briefing schedule: Appellants Second Amendment Foundation and Conn Williamson opening brief due 06/05/2020. Appellees Commonwealth of Massachusetts, Commonwealth of Pennsylvania, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Virginia and State of Washington answering brief due 07/06/2020. The optional reply brief is due 21 days from the date of service of the answering brief. [11664020] (JN) [Entered: 04/17/2020 10:01 AM] |
| Filing 14 Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Second Amendment Foundation and Conn Williamson. New requested due date is 06/05/2020. [11663735] [20-35064] (Goldstein, Matthew) [Entered: 04/16/2020 05:52 PM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. The briefing schedule previously established by the court remains in effect. [11597584] (LW) [Entered: 02/14/2020 09:16 AM] |
| Filing 12 Attorney James S. Smith substituted by Attorney Adam W. Holbrook. [11586576] (RL) [Entered: 02/05/2020 01:09 PM] |
| Filing 11 Filed (ECF) notice of appearance of Adam Holbrook (Oregon Department of Justice - Appellate Division 1162 Court St. NE Salem, Oregon 97301) for Appellee State of Oregon. Substitution for Attorney James S. Smith, Esquire for Appellee State of Oregon. Date of service: 02/05/2020. (Party was previously proceeding with counsel.) [11586484] [20-35064] (Holbrook, Adam) [Entered: 02/05/2020 12:28 PM] |
| Filing 10 Added Attorney(s) Grant T. Sullivan for party(s) Appellee State of Colorado. [11583335] (RL) [Entered: 02/03/2020 03:32 PM] |
| Filing 9 Filed (ECF) notice of appearance of Grant Thomas Sullivan (Colorado Department of Law, 1300 Broadway, 6th Floor, Denver, CO 80203) for Appellee State of Colorado. Substitution for Attorney Mr. Grant T. Sullivan for Appellee State of Colorado. Date of service: 02/03/2020. (Party was previously proceeding with counsel.) [11583318] [20-35064] (Sullivan, Grant) [Entered: 02/03/2020 03:27 PM] |
| Filing 8 Attorney Elizabeth Roberson-Young substituted by Attorneys Sarah A. Hunger and Darren Bernens Kinkead. [11581185] (RL) [Entered: 01/31/2020 01:53 PM] |
| Filing 7 Filed (ECF) notice of appearance of Darren Bernens Kinkead (Office of the Illinois Attorney General, 100 West Randolph Street, 11th Floor, Chicago, Illinois 60601) for Appellee State of Illinois. Date of service: 01/31/2020. (Party was previously proceeding with counsel.) [11581086] [20-35064] (Kinkead, Darren) [Entered: 01/31/2020 01:08 PM] |
| Filing 6 Filed (ECF) notice of appearance of Sarah Ann Hunger (Office of the Illinois Attorney General, 100 West Randolph St., 12th Floor, Chicago, IL 60601) for Appellee State of Illinois. Substitution for Attorney Elizabeth Roberson-Young for Appellee State of Illinois. Date of service: 01/31/2020. (Party was previously proceeding with counsel.) [11581040] [20-35064] (Hunger, Sarah) [Entered: 01/31/2020 12:31 PM] |
| Filing 5 Attorney Robyn R. Bender substituted by Attorney Loren L. AliKhan. [11580516] (RL) [Entered: 01/31/2020 09:32 AM] |
| Filing 4 Filed (ECF) notice of appearance of Loren Linn AliKhan (Office of the Attorney General for the District of Columbia, 441 4th Street NW, Suite 630 South, Washington, D.C. 20001) for Appellee District of Columbia. Substitution for Attorney Robyn R. Bender for Appellee District of Columbia. Date of service: 01/31/2020. (Party was previously proceeding with counsel.) [11580290] [20-35064] (AliKhan, Loren) [Entered: 01/31/2020 06:46 AM] |
| Filing 3 The Mediation Questionnaire for this case was filed on 01/30/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11580230]. [20-35064] (AD) [Entered: 01/30/2020 06:44 PM] |
| Filing 2 Filed (ECF) Appellants Conn Williamson and Second Amendment Foundation, Inc. Mediation Questionnaire. Date of service: 01/30/2020. [11579653] [20-35064] (Goldstein, Matthew) [Entered: 01/30/2020 01:01 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Second Amendment Foundation, Inc. and Conn Williamson Mediation Questionnaire due on 02/04/2020. Transcript ordered by 02/26/2020. Transcript due 03/27/2020. Appellants Second Amendment Foundation, Inc. and Conn Williamson opening brief due 05/06/2020. Appellees Commonwealth of Massachusetts, Commonwealth of Pennsylvania, District of Columbia, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Iowa, State of Maryland, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Virginia and State of Washington answering brief due 06/08/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11577026] (RT) [Entered: 01/28/2020 02:55 PM] |
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