Lance Boland, et al v. Rob Bonta, et al
| DOES, 1-10 |
| LANCE BOLAND, an individual, MARIO SANTELLAN, an individual, RENO MAY, an individual, JEROME SCHAMMEL, an individual and CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation |
| ROB BONTA, in his official capacity as Attorney General of the State of California |
| BRADY CENTER TO PREVENT GUN VIOLENCE, DISTRICT OF COLUMBIA, STATES OF COLORADO, CONNECTICUT, DELAWARE, HAWAII, ILLINOIS, MASSACHUSETTS, MICHIGAN, MINNESOTA, NEW JERSEY, NEW YORK, OREGON, PENNSYLVANIA, and RHODE ISLAND and EVERYTOWN FOR GUN SAFETY |
| 23-55276 |
| March 27, 2023 |
| U.S. Court of Appeals, Ninth Circuit |
| Constitutionality of State Statutes |
Docket Report
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| Filing 39 Received 6 paper copies of Amicus Brief [ # 18 ] filed by District of Columbia, et al. [12716906] (SD) [Entered: 05/16/2023 01:44 PM] |
| Filing 38 Received 6 paper copies of Amicus Brief [ # 17 ] filed by Brady Center to Prevent Gun Violence. [12715130] (JAS) [Entered: 05/12/2023 03:29 PM] |
| Filing 37 Received 6 paper copies of Amicus Brief [ # 19 ] filed by Everytown for Gun Safety. [12713019] (SD) [Entered: 05/10/2023 12:20 PM] |
| Filing 36 Added Attorney(s) Melanie Hallums for party(s) Amicus Curiae Brady Center to Prevent Gun Violence, in case 23-55276. [12711610] (NAC) [Entered: 05/09/2023 07:48 AM] |
| Filing 35 Filed (ECF) notice of appearance of Melanie R. Hallums (Orrick, Herrington & Sutcliffe LLP) for Amicus Curiae Brady Center to Prevent Gun Violence. Date of service: 05/09/2023. (Party was previously proceeding with counsel.) [12711588] [23-55276] (Hallums, Melanie) [Entered: 05/09/2023 07:39 AM] |
| Filing 34 Added Attorney(s) Janet Carter, William James Taylor Jr. for party(s) Amicus Curiae Everytown for Gun Safety, in case 23-55276. [12711583] (NAC) [Entered: 05/09/2023 07:17 AM] |
| Filing 33 Filed (ECF) notice of appearance of Janet Carter (Everytown Law, 450 Lexington Avenue, PO Box 4184, New York, NY 10017) for Amicus Curiae Everytown for Gun Safety. Date of service: 05/09/2023. (Party was previously proceeding with counsel.) [12711578] [23-55276] (Carter, Janet) [Entered: 05/09/2023 07:10 AM] |
| Filing 32 Filed (ECF) notice of appearance of William J. Taylor, Jr. (Everytown Law, 450 Lexington Avenue, P.O. Box 4184, New York, NY 10017) for Amicus Curiae Everytown for Gun Safety. Date of service: 05/08/2023. (Party was previously proceeding with counsel.) [12711555] [23-55276] (Taylor, William) [Entered: 05/08/2023 10:00 PM] |
| Filing 31 Filed clerk order: The amicus brief [ # 19 ] submitted by Everytown for Gun Safety is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12711307] (KWG) [Entered: 05/08/2023 03:56 PM] |
| Filing 30 Filed clerk order: The amicus brief [ # 18 ] submitted by the States of Colorado, et al. and District of Columbia is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12711301] (KWG) [Entered: 05/08/2023 03:54 PM] |
| Filing 29 Filed clerk order: The amicus brief [ # 17 ] submitted by Brady Center to Prevent Gun Violence is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 submitted to the principal office of the Clerk. [12711297] (KWG) [Entered: 05/08/2023 03:52 PM] |
| Filing 28 Entered appearance of Amici Curiae Brady Center to Prevent Gun Violence, District of Columbia, States of Colorado, et al. and Everytown for Gun Safety. [12711293] (KWG) [Entered: 05/08/2023 03:51 PM] |
| Filing 27 Filed (ECF) Attorney Charles Joseph Sarosy for Appellant Rob Bonta response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12710913] [23-55276] (Sarosy, Charles) [Entered: 05/08/2023 01:03 PM] |
| Filing 26 Filed (ECF) Attorney Ms. Erin E. Murphy for Appellees Lance Boland, California Rifle & Pistol Association, Inc., Reno May, Mario Santellan and Jerome Schammel response to notice for case being considered for oral argument. Date of service: 05/08/2023. [12710662] [23-55276] (Murphy, Erin) [Entered: 05/08/2023 10:46 AM] |
| Filing 25 Added Attorney(s) Mariel A. Brookins for party(s) Appellee Lance Boland Appellee California Rifle & Pistol Association, Inc. Appellee Mario Santellan Appellee Reno May Appellee Jerome Schammel, in case 23-55276. [12710530] (QDL) [Entered: 05/08/2023 09:32 AM] |
| Filing 24 Filed (ECF) notice of appearance of Mariel A. Brookins (706 Duke Street, Alexandria, VA 22314) for Appellees Lance Boland, California Rifle & Pistol Association, Inc., Reno May, Mario Santellan and Jerome Schammel. Date of service: 05/08/2023. (Party was previously proceeding with counsel.) [12710435] [23-55276] (Brookins, Mariel) [Entered: 05/08/2023 08:34 AM] |
| Filing 23 Added Attorney(s) Erin E. Murphy, Paul D. Clement, Matthew Rowen for party(s) Appellee Lance Boland Appellee California Rifle & Pistol Association, Inc. Appellee Mario Santellan Appellee Reno May Appellee Jerome Schammel, in case 23-55276. [12710431] (NAC) [Entered: 05/08/2023 08:32 AM] |
| Filing 22 Filed (ECF) notice of appearance of Matthew D. Rowen (706 Duke Street, Alexandria, VA 22314) for Appellees Lance Boland, Reno May, Mario Santellan, Jerome Schammel and California Rifle & Pistol Association, Inc.. Date of service: 05/08/2023. (Party was previously proceeding with counsel.) [12710430] [23-55276] (Rowen, Matthew) [Entered: 05/08/2023 08:31 AM] |
| Filing 21 Filed (ECF) notice of appearance of Erin E. Murphy (706 Duke Street, Alexandria, VA 22314) for Appellees Lance Boland, California Rifle & Pistol Association, Inc., Reno May, Mario Santellan and Jerome Schammel. Date of service: 05/08/2023. (Party was previously proceeding with counsel.) [12710429] [23-55276] (Murphy, Erin) [Entered: 05/08/2023 08:28 AM] |
| Filing 20 Filed (ECF) notice of appearance of Paul D. Clement (706 Duke Street, Alexandria, VA 22314) for Appellees Lance Boland, California Rifle & Pistol Association, Inc., Mario Santellan, Reno May and Jerome Schammel. Date of service: 05/08/2023. (Party was previously proceeding with counsel.) [12710428] [23-55276] (Clement, Paul) [Entered: 05/08/2023 08:26 AM] |
| Filing 19 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown for Gun Safety. Date of service: 05/05/2023. [12710174] [23-55276] (Sa, Eleuthera) [Entered: 05/05/2023 04:21 PM] |
| Filing 18 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by District of Columbia et al.. Date of service: 05/05/2023. [12710013] [23-55276] (Van Zile, Caroline) [Entered: 05/05/2023 02:23 PM] |
| Filing 17 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: 05/05/2023. [12709780] [23-55276] (Bondy, Thomas) [Entered: 05/05/2023 11:25 AM] |
| Filing 16 Received 6 paper copies of Opening Brief [ # 11 ] filed by Rob Bonta. [12707939] (SD) [Entered: 05/03/2023 11:23 AM] |
| Filing 15 Received 3 paper copies of excerpts of record [ # 12 ] in 7 volume(s) and index volume filed by Appellant Rob Bonta. [12707934] (SD) [Entered: 05/03/2023 11:22 AM] |
| Filing 14 This case is being considered for an upcoming oral argument calendar in Pasadena Please review the Pasadena sitting dates for August 2023 and the 2 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 file # Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument . Please follow the form's # instructions carefully. 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 business days of this notice , using CM/ECF ( Type of Document : Correspondence to Court; Subject : request for mediation).[12707807]. [23-55276] (KS) [Entered: 05/03/2023 09:41 AM] |
| Filing 13 Filed clerk order: The opening brief [ # 11 ] submitted by Rob Bonta is filed. Within 7 days of the filing of this order, filer is ordered to file 6 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 excerpts of record [ # 12 ] submitted by Rob Bonta are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [12705937] (KWG) [Entered: 05/01/2023 10:50 AM] |
| Filing 12 Submitted (ECF) excerpts of record. Submitted by Appellant Rob Bonta. Date of service: 04/28/2023. [12704860] [23-55276] (Sarosy, Charles) [Entered: 04/28/2023 10:21 AM] |
| Filing 11 Submitted (ECF) Opening Brief for review. Submitted by Appellant Rob Bonta. Date of service: 04/28/2023. [12704847] [23-55276] (Sarosy, Charles) [Entered: 04/28/2023 10:14 AM] |
| Filing 10 MEDIATION ORDER FILED: This case is NOT SELECTED for inclusion in the Mediation Program. [12691164] (VS) [Entered: 04/07/2023 11:18 AM] |
| Filing 9 The Mediation Questionnaire for this case was filed on 04/03/2023. 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.[12688154]. [23-55276] (AD) [Entered: 04/03/2023 06:44 PM] |
| Filing 8 Filed (ECF) Appellant Rob Bonta Mediation Questionnaire. Date of service: 04/03/2023. [12688125] [23-55276] (Sarosy, Charles) [Entered: 04/03/2023 05:19 PM] |
| Filing 7 Filed order (A. WALLACE TASHIMA, SIDNEY R. THOMAS and LUCY H. KOH) The motion (Docket Entry No. [ # 5 ]) to take judicial notice in support of the opposition to the emergency motion for partial stay is granted. The emergency motion (Docket Entry No. [ # 2 ]) to stay in part the district courts March 20, 2023 preliminary injunction pending appeal is granted. See Nken v. Holder, 556 U.S. 418, 434 (2009). The preliminary injunction is stayed as to the chamber load indicator and magazine disconnect mechanism requirements of Californias Unsafe Handgun Act. See Cal. Penal Code 31910(b)(4), (5). The opening brief is due April 28, 2023. The answering brief is due May 26, 2023. The option reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3.3. No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). The Clerk will place this on the next available calendar upon the completion of briefing. See 9th Cir. Gen. Ord. 3.3(f). [12686975] (JMR) [Entered: 03/31/2023 04:48 PM] |
| Filing 6 Filed (ECF) Appellant Rob Bonta reply to response (motion to stay lower court action). Date of service: 03/31/2023. [12686499] [23-55276] (Sarosy, Charles) [Entered: 03/31/2023 11:50 AM] |
| Filing 5 Filed (ECF) Appellees Lance Boland, California Rifle & Pistol Association, Inc., Reno May, Mario Santellan and Jerome Schammel Motion to take judicial notice of their Opposition to Appellant's Emergency Motion Under Circuit Rule 27-3 for a Partial Stay of the Preliminary Injunction Pending Appeal and for an Interim Administrative Stay Entered Before April 3, 2023. Date of service: 03/30/2023. [12686094] [23-55276] (Frank, Alexander) [Entered: 03/30/2023 04:36 PM] |
| Filing 4 Filed (ECF) Appellees Lance Boland, California Rifle & Pistol Association, Inc., Reno May, Mario Santellan and Jerome Schammel response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 03/30/2023. [12686085] [23-55276] (Frank, Alexander) [Entered: 03/30/2023 04:32 PM] |
| Filing 3 Filed clerk order (Deputy Clerk: AC): The court has received appellants emergency motion for a stay pending appeal. The response to that motion is due by 5:00 p.m. Pacific Time on March 30, 2023. The optional reply in support of the motion is due by 12:00 p.m. Pacific Time on March 31, 2023. [12683435] (JMR) [Entered: 03/28/2023 10:42 AM] |
| Filing 2 Filed (ECF) Appellant Rob Bonta EMERGENCY Motion to stay lower court action. Date of service: 03/27/2023. [12683107] [23-55276] (Sarosy, Charles) [Entered: 03/27/2023 09:06 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. [12682974] (RT) [Entered: 03/27/2023 04:51 PM] |
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