Virginia Duncan, et al v. Rob Bonta
Plaintiff / Appellee: VIRGINIA DUNCAN, PATRICK LOVETTE, DAVID MARGUGLIO, CHRISTOPHER WADDELL and CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation
Defendant / Appellant: ROB BONTA, in his official capacity as Attorney General of the State of California
Case Number: 23-55805
Filed: September 25, 2023
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Constitutionality of State Statutes

Opinions

We have the following opinions for this case:

Date Filed Description
October 10, 2023 Summary VIRGINIA DUNCAN, ET AL V. ROB BONTA

Docket Report

This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 22, 2023 Opinion or Order Filing 16 Filed clerk order: The opening brief [ # 14 ] submitted by Rob Bonta is filed. Within 7 days of the filing of this order, filer is ordered to file 18 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 [ # 15 ] submitted by Rob Bonta are filed. Within 7 days of this order, filer is ordered to file 10 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. [12827921] (LA) [Entered: 11/22/2023 12:57 PM]
November 21, 2023 Opinion or Order Filing 15 Submitted (ECF) excerpts of record. Submitted by Appellant Rob Bonta. Date of service: 11/21/2023. [12827648] [23-55805] (Moore, Mica) [Entered: 11/21/2023 04:36 PM]
November 21, 2023 Opinion or Order Filing 14 Submitted (ECF) Opening Brief for review. Submitted by Appellant Rob Bonta. Date of service: 11/21/2023. [12827633] [23-55805] (Moore, Mica) [Entered: 11/21/2023 04:25 PM]
October 11, 2023 Opinion or Order Filing 13 UPDATED Order for PUBLICATION RE: [ # 11 ] (MARY H. MURGUIA, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM MCLANE WARDLAW, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, ANDREW D. HURWITZ, RYAN D. NELSON, PATRICK J. BUMATAY and LAWRENCE VANDYKE). Reformatted order attached. [12808206] (MM) [Entered: 10/11/2023 03:03 PM]
October 11, 2023 Opinion or Order Filing 12 Filed order (MARY H. MURGUIA, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM MCLANE WARDLAW, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, ANDREW D. HURWITZ, RYAN D. NELSON, PATRICK J. BUMATAY and LAWRENCE VANDYKE): The parties shall adhere to the Time Schedule Order (Doc. [ # 1 ]) issued on September 25, 2023. In addition to addressing the merits, the parties shall address whether the en banc panel that heard and determined appeal No. 19-55376 has statutory authority under 28 U.S.C. 46(c) to decide this appeal, including: (1) when a case or controversy in the courts of appeals may be heard and determined, or reheard and determined, by the en banc court rather than by a three-judge panel; and (2) when senior judges may participate in an en banc decision. En banc oral argument will take place during the week of March 18, 2024, in San Francisco, California. The date and time will be determined by separate order. [12808014] (AF) [Entered: 10/11/2023 11:57 AM]
October 10, 2023 Opinion or Order Filing 11 Filed Order for PUBLICATION (MARY H. MURGUIA, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM MCLANE WARDLAW, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, ANDREW D. HURWITZ, RYAN D. NELSON, PATRICK J. BUMATAY and LAWRENCE VANDYKE) Dissent by Judge R. Nelson; Dissent by Judge Bumatay. The Attorney Generals emergency motion for a partial stay pending appeal (Doc. [ # 2 ]) is GRANTED. [12807658] (MM) [Entered: 10/10/2023 05:08 PM]
October 10, 2023 Opinion or Order Filing 10 Filed order (MARY H. MURGUIA, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM MCLANE WARDLAW, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, ANDREW D. HURWITZ, RYAN D. NELSON, dissenting, PATRICK J. BUMATAY, dissenting and LAWRENCE VANDYKE): The Attorney Generals emergency motion for a partial stay pending appeal (Doc. [ # 2 ]) is GRANTED. (See order for full text) (COURT UPDATE: Attached corrected version without line numbers; 10/10/2023 by AF) [12807241] (AF) [Entered: 10/10/2023 12:45 PM]
October 3, 2023 Opinion or Order Filing 9 Filed (ECF) Appellant Rob Bonta reply to response (motion to stay lower court action). Date of service: 10/03/2023. [12803568] [23-55805] (Echeverria, John) [Entered: 10/03/2023 03:12 PM]
October 2, 2023 Opinion or Order Filing 8 The Mediation Questionnaire for this case was filed on 10/02/2023. 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.[12802959]. [23-55805] (AD) [Entered: 10/02/2023 06:44 PM]
October 2, 2023 Opinion or Order Filing 7 Filed (ECF) Appellant Rob Bonta Mediation Questionnaire. Date of service: 10/02/2023. [12802849] [23-55805] (Echeverria, John) [Entered: 10/02/2023 04:45 PM]
October 2, 2023 Opinion or Order Filing 6 Added Attorney(s) Mica Moore for party(s) Appellant Rob Bonta, in case 23-55805. [12802031] (NAC) [Entered: 10/02/2023 07:27 AM]
September 30, 2023 Opinion or Order Filing 5 Filed (ECF) Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Patrick Lovette, David Marguglio and Christopher Waddell response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion to stay lower court action). Date of service: 09/30/2023. [12801968] [23-55805] (Barvir, Anna) [Entered: 09/30/2023 05:51 PM]
September 30, 2023 Opinion or Order Filing 4 Filed (ECF) notice of appearance of Mica L. Moore (California Department of Justice, 300 South Spring Street, Suite 1702 Los Angeles, CA 90013-1230) for Appellant Rob Bonta. Date of service: 09/30/2023. (Party was previously proceeding with counsel.) [12801958] [23-55805] (Moore, Mica) [Entered: 09/30/2023 08:17 AM]
September 28, 2023 Opinion or Order Filing 3 Filed order (MARY H. MURGUIA, SIDNEY R. THOMAS, SUSAN P. GRABER, KIM MCLANE WARDLAW, RICHARD A. PAEZ, MARSHA S. BERZON, SANDRA S. IKUTA, ANDREW D. HURWITZ, concurring, RYAN D. NELSON, PATRICK J. BUMATAY, dissenting and LAWRENCE VANDYKE, dissenting): The en banc panel has elected to accept this case as a comeback. See Ninth Cir. Gen. Order 3.6(b).2 Appellant Attorney General Rob Bonta has moved to stay the district courts permanent injunction except to the extent that California Penal Code Section 32310 prohibits possession of large-capacity magazines that were lawfully acquired and possessed prior to the district courts judgment. This emergency motion seeks relief on or before October 2, 2023, when the district courts stay of the injunction expires. In the event the court cannot resolve the motion by October 2, Appellant seeks a temporary administrative stay. The motion for a temporary administrative stay is granted. The injunction issued by the district court is stayed through October 10, 2023. The stay does not apply to the district courts order enjoining Section 32310(c) and (d) for large-capacity magazines that were lawfully acquired before the district courts order. Appellees are directed to file a response to the emergency motion on or before Saturday, September 30, 2023. Appellant may file a reply on or before Tuesday, October 3, 2023. Judges Ikuta, R. Nelson, Bumatay, and VanDyke dissent from the granting of the administrative stay. [12800769] (AF) [Entered: 09/28/2023 02:42 PM]
September 26, 2023 Opinion or Order Filing 2 Filed (ECF) Appellant Rob Bonta EMERGENCY Motion to stay lower court action. Date of service: 09/26/2023. [12799542] [23-55805] (Echeverria, John) [Entered: 09/26/2023 05:35 PM]
September 25, 2023 Opinion or Order Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellant Rob Bonta Mediation Questionnaire due on 10/02/2023. Appellant Rob Bonta opening brief due 11/21/2023. Appellees California Rifle & Pistol Association, Inc., Virginia Duncan, Patrick Lovette, David Marguglio and Christopher Waddell answering brief due 12/21/2023. Appellant's optional reply brief is due 21 days after service of the answering brief. [12798334] (JBS) [Entered: 09/25/2023 01:07 PM]

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Search for this case: Virginia Duncan, et al v. Rob Bonta
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Plaintiff / appellee: VIRGINIA DUNCAN
Represented By: Anna Barvir
Represented By: Sean Anthony Brady
Represented By: Carl D. Michel Esquire
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Plaintiff / appellee: PATRICK LOVETTE
Represented By: Anna Barvir
Represented By: Sean Anthony Brady
Represented By: Carl D. Michel Esquire
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Plaintiff / appellee: DAVID MARGUGLIO
Represented By: Anna Barvir
Represented By: Sean Anthony Brady
Represented By: Carl D. Michel Esquire
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Plaintiff / appellee: CHRISTOPHER WADDELL
Represented By: Anna Barvir
Represented By: Sean Anthony Brady
Represented By: Carl D. Michel Esquire
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Plaintiff / appellee: CALIFORNIA RIFLE & PISTOL ASSOCIATION, INC., a California corporation
Represented By: Anna Barvir
Represented By: Sean Anthony Brady
Represented By: Carl D. Michel Esquire
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Defendant / appellant: ROB BONTA, in his official capacity as Attorney General of the State of California
Represented By: John Darrow Echeverria
Represented By: Robert Meyerhoff
Represented By: Mica Moore
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