Rocky Mountain Gun Owners et al v. Polis
| Rocky Mountain Gun Owners and Alicia Garcia |
| Jared S. Polis |
| 1:2023cv02563 |
| October 1, 2023 |
| US District Court for the District of Colorado |
| John L Kane |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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Filing 32
ORDER Denying #2 Motion for Preliminary Injunction. Plaintiffs have failed to show the applicable factors weigh in favor of preliminarily enjoining enforcement of the Waiting-Period Act. Their Motion for Preliminary Injunction (ECF No. #2 ) is, therefore, DENIED. ORDERED by Judge John L. Kane on 11/13/2023.(angar, )
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| Filing 31 TRANSCRIPT of Preliminary Injunction Hearing held on 10/30/2023 before Judge Kane. Pages: 195-239. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (kcarl, ) |
| Filing 30 TRANSCRIPT of Preliminary Injunction Hearing held on 10/26/2023 before Judge Kane. Pages: 1-194. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (kcarl, ) |
| Filing 29 MINUTE ENTRY for Motion Hearing proceedings held before Judge John L. Kane on 10/30/2023 re #2 MOTION for Temporary Restraining Order filed by Rocky Mountain Gun Owners, Alicia Garcia. Taking under advisement #2 Motion for TRO. Court Reporter: Kevin. (babia) |
| Filing 28 MINUTE ENTRY for Motion Hearing proceedings held before Judge John L. Kane on 10/26/2023. ORDERED: Todays Preliminary Injunction hearing shall continue on Monday, October 30, 2023, at 9:30 a.m. Court Reporter: Kevin Carlin. (babia) |
| Filing 27 Witness List Plaintiffs' Witness List by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Nation, Donald) |
| Filing 26 Witness List for October 26, 2023 Hearing by Defendant Jared S. Polis. (Kotlarczyk, Michael) |
| Filing 25 Exhibit List Unified Exhibit List by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Nation, Donald) |
| Filing 24 DECLARATION of Clayton Cramer by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Nation, Donald) |
| Filing 23 NOTICE of Supplemental Authorities re: #2 MOTION for Temporary Restraining Order by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners (Attachments: #1 Exhibit 1 Decision in Miller v. Bonta)(Nation, Donald) |
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Filing 22
ORDER granting #20 The Governor's Unopposed Motion to Permit Remote Witness Testimony at Hearing on Preliminary Injunction. The witnesses will be allowed to testify via remote means. Counsel are directed to contact my Courtroom Deputy via email (Bernique_Abiakam@cod.uscourts.gov) for instructions on how to proceed with the VTC and to test the equipment prior to the hearing. The attached instructions as well as tips should be reviewed prior to the hearing. Ordered by Judge John L. Kane on 10/23/2023. (Attachments: #1 Tips for Remote Log In)(jlksec)
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| Filing 21 REPLY to Response to #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Nation, Donald) |
| Filing 20 Unopposed MOTION for Leave to Testify Remotely at Hearing on Preliminary Injunction by Defendant Jared S. Polis. (Sullivan, Grant) |
| Filing 19 NOTICE of Entry of Appearance by Donald Sean Nation on behalf of All Plaintiffs Attorney Donald Sean Nation added to party Alicia Garcia(pty:pla), Attorney Donald Sean Nation added to party Rocky Mountain Gun Owners(pty:pla) (Nation, Donald) |
| Filing 18 BRIEF in Opposition to #2 MOTION for Temporary Restraining Order and for Preliminary Injunction filed by Defendant Jared S. Polis. (Attachments: #1 Exhibit 1, HB 23-1219, #2 Exhibit 2, Handgun Waiting Periods Reduce Gun Deaths, #3 Exhibit 3, Spitzer Declaration, #4 Exhibit 4, Ex. A to Spitzer Dec: CV, #5 Exhibit 5, Ex. B to Spitzer Dec: Table of Intoxication/Weapons Laws, #6 Exhibit 6, Ex. C to Spitzer Dec: Text of Intoxication/Weapons Laws, #7 Exhibit 7, Ex. D to Spitzer Dec: Table of Weapons Licensing Laws, #8 Exhibit 8, Ex. E to Spitzer Dec: Text of License and Licensing Laws, #9 Exhibit 9, Historical Waiting Period Laws, #10 Exhibit 10, Roth Declaration, #11 Exhibit 11, Ex. A to Roth Dec: CV)(Kotlarczyk, Michael) |
| Filing 17 NOTICE of Entry of Appearance by Brian A. Abbas on behalf of Alicia Garcia, Rocky Mountain Gun OwnersAttorney Brian A. Abbas added to party Alicia Garcia(pty:pla), Attorney Brian A. Abbas added to party Rocky Mountain Gun Owners(pty:pla) (Abbas, Brian) |
| Filing 16 NOTICE OF CASE ASSOCIATION of Related Case by Grant T. Sullivan on behalf of Jared S. Polis (Sullivan, Grant) |
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Filing 15
ORDER granting #14 Joint Motion to Reschedule Preliminary Injunction Hearing. The preliminary injunction hearing set to begin October 24, 2023, is VACATED AND RESET to October 26, 2023, at 9:30 a.m. before Judge John L. Kane in Courtroom A802 on the 8th Floor of the Alfred A. Arraj U.S. Courthouse, 901 19th Street, Denver, Colorado. Ordered by Judge John L. Kane on 10/5/2023. Text Only Entry(jlksec)
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| Filing 14 Joint MOTION to Continue and Reschedule Preliminary Injunction Hearing by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Arrington, Barry) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Rocky Mountain Gun Owners, Alicia Garcia. Jared S. Polis waiver sent on 10/4/2023, answer due 12/4/2023. (Arrington, Barry) |
| Filing 12 NOTICE of Entry of Appearance by Matthew John Worthington on behalf of Jared S. PolisAttorney Matthew John Worthington added to party Jared S. Polis(pty:dft) (Worthington, Matthew) |
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Filing 11
ORDER re: #2 Motion for Temporary Restraining Order and for Preliminary Injunction. Plaintiffs' request for a temporary restraining order is DENIED, and we will proceed on Plaintiffs' Motion for a preliminary injunction alone. Governor Polis is DIRECTED to file a Response to Plaintiffs' Motion for Preliminary Injunction on or before October 17, 2023. Any Reply in Support of the Motion is due on or before October 20, 2023. A preliminary injunction hearing is set for two days beginning at 9:30 a.m. on October 24, 2023 in Courtroom A 802. By Judge John L. Kane on 10/4/2023. (jtorr, )
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| Filing 10 NOTICE of Entry of Appearance by William Edward Trachman on behalf of Alicia Garcia, Rocky Mountain Gun OwnersAttorney William Edward Trachman added to party Alicia Garcia(pty:pla), Attorney William Edward Trachman added to party Rocky Mountain Gun Owners(pty:pla) (Trachman, William) |
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Filing 9
MINUTE ORDER. On October 1, 2023, Plaintiffs filed a Notice of Related Case #3 , listing two cases in front of Chief Judge Brimmer (Nos. 23-cv-01076-PAB-NRN & 23-cv-01077-PAB-NRN). In those related cases, Defendant previously filed a Notice of Three Related Cases, which includes an additional case before Judge Gallagher (No. 22-cv-01866-GPG-SKC). When this case was assigned to me, I followed the procedure set out in D.C.COLO.LCivR 3.2(d). Based on the requisite conferral and the present filings in the implicated cases, it was determined that the facts and claims of the cases are not sufficiently related to warrant special assignment or transfer of this case. Ordered by Judge John L. Kane on 10/3/2023. Text Only Entry (jlksec)
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| Filing 8 NOTICE of Entry of Appearance by Grant T. Sullivan on behalf of Jared S. PolisAttorney Grant T. Sullivan added to party Jared S. Polis(pty:dft) (Sullivan, Grant) |
| Filing 7 NOTICE of Entry of Appearance by Michael T. Kotlarczyk on behalf of Jared S. PolisAttorney Michael T. Kotlarczyk added to party Jared S. Polis(pty:dft) (Kotlarczyk, Michael) |
| Filing 6 SUMMONS issued by Clerk. (ccuen, ) |
| Filing 5 Case assigned to Judge John L. Kane and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry (ccuen, ) |
| Filing 4 SUMMONS REQUEST as to Jared S. Polis re #1 Complaint, by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Arrington, Barry) |
| Filing 3 NOTICE OF CASE ASSOCIATION by Barry Kevin Arrington on behalf of Alicia Garcia, Rocky Mountain Gun Owners (Arrington, Barry) |
| Filing 2 MOTION for Temporary Restraining Order by Plaintiffs Alicia Garcia, Rocky Mountain Gun Owners. (Attachments: #1 Ex A Act, #2 Garcia Declaration, #3 Rhodes Declaration, #4 Proposed Order (PDF Only))(Arrington, Barry) |
| Filing 1 COMPLAINT against Jared S. Polis (Filing fee $ 402,Receipt Number ACODC-9322326)Attorney Barry Kevin Arrington added to party Alicia Garcia(pty:pla), Attorney Barry Kevin Arrington added to party Rocky Mountain Gun Owners(pty:pla), filed by Rocky Mountain Gun Owners, Alicia Garcia.(Arrington, Barry) |
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