Oregon Firearms Federation, Inc. et al v. Brown et al
Oregon Firearms Federation, Inc., Brad Lohrey, Adam Johnson, Cody Bowen, Brian Wolfe, Harold Richard Haden, Jr., Kevin Starrett, Terry Rowan, Brian Pixley and Damian Bunting |
Governor Kate Brown and Attorney General Ellen Rosenblum |
Oregon State Shooting Association, Mazama Sporting Goods, Tim Freeman, Katerina B Eyre and National Shooting Sports Foundation, Inc. |
Oregon Hunters Association, Gun Owners of America Inc., Gun Owners Foundation, Congressional Sportsmen's Foundation, The Rocky Mountain Elk Foundation, Sportsmen's Alliance Foundation, Oregon Wild Sheep Foundation, Safari Club International, National Deer Association, Delta Waterfowl, Ducks Unlimited, Ducks Unlimited, Inc., Operation Blazing Sword, Inc., DC Project Foundation, Inc., Asian Pacific American Gun Owners Association and National African American Gun Association, Inc. |
Terri Davie and Ellen F Rosenblum |
Oregon Alliance for Gun Safety |
2:2022cv01815 |
November 18, 2022 |
US District Court for the District of Oregon |
Andrew D Hallman |
Karin J Immergut |
Civil Rights: Other |
28 U.S.C. § 1331 Federal Question: Other Civil Rights |
None |
Docket Report
This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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Filing 106 Joint Brief Submission on Rule 706 Witnesses. Filed by All Plaintiffs. (Related document(s): Scheduling Order,, (35 in 3:22-cv-01859-IM, 26 in 3:22-cv-01869-IM, 47 in 3:22-cv-01862-IM, 63 in 2:22-cv-01815-IM).)Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lindsay, Shawn) |
Filing 105 Amicus Curiae Appearance entered by Michael R. McLane on behalf of Ducks Unlimited, Inc., Oregon Hunters Association . Filed by on behalf of Ducks Unlimited, Inc., Oregon Hunters Association. (Attachments: #1 Exhibit Declaration of P. Donheffner ISO Amicus Brief, #2 Exhibit Declaration of E. May ISO Amicus Brief, #3 Exhibit Declaration of K. Parkman ISO Amicus Brief, #4 Exhibit Declaration of J. Nash ISO Amicus Brief)Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 104 Amicus Curiae Appearance entered by Michael R. McLane on behalf of Asian Pacific American Gun Owners Association, DC Project Foundation, Inc., National African American Gun Association, Inc., Operation Blazing Sword, Inc. . Filed by on behalf of Asian Pacific American Gun Owners Association, DC Project Foundation, Inc., National African American Gun Association, Inc., Operation Blazing Sword, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Amicus Brief, #2 Exhibit Exhibit 2 Decl. of S. Williams ISO Amicus Brief, #3 Exhibit Exhibit 3 Decl. of P. Pressgrove ISO Amicus Brief)Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 103 Amicus Curiae Appearance entered by Michael R. McLane on behalf of Congressional Sportsmen's Foundation, Delta Waterfowl, Ducks Unlimited, National Deer Association, Oregon Hunters Association, Oregon Wild Sheep Foundation, Safari Club International, Sportsmen's Alliance Foundation, The Rocky Mountain Elk Foundation . Filed by on behalf of Congressional Sportsmen's Foundation, Delta Waterfowl, Ducks Unlimited, National Deer Association, Oregon Hunters Association, Oregon Wild Sheep Foundation, Safari Club International, Sportsmen's Alliance Foundation, The Rocky Mountain Elk Foundation. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 102 Scheduling Order. Telephonic Status Conference is set for 1/19/2023 at 10:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 101 ORDER: Granting Motion for Leave to Appear Pro Hac Vice by attorney Regina Lennox(90) in case 2:22-cv-01815-IM. Ordered by Judge Karin J. Immergut. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 100 ORDER GRANTING MOTION TO APPEAR AS AMICUS CURIAE: Granting Motion to Appear as Amicus Curiae, ECF #97 , filed by Asian Pacific American Gun Owners Association, DC Project Foundation, Inc., National African American Gun Association, Inc., and Operation Blazing Sword, Inc. Ordered on 1/12/2023 by Judge Karin J. Immergut. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 99 ORDER GRANTING MOTION TO APPEAR AS AMICUS CURIAE: Granting Motion to Appear as Amicus Curiae, ECF #92 , filed by Ducks Unlimited, Inc. and Oregon Hunters Association. Ordered on 1/12/2023 by Judge Karin J. Immergut. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 98 ORDER GRANTING MOTION TO APPEAR AS AMICUS CURIAE: Granting Motion to Appear as Amicus Curiae, ECF #88 , filed by Congressional Sportsmen's Foundation, Delta Waterfowl, Ducks Unlimited, National Deer Association, Oregon Hunters Association, Oregon Wild Sheep Foundation, Safari Club International, Sportsmen's Alliance Foundation, and the Rocky Mountain Elk Foundation. Ordered on 1/12/2023 by Judge Karin J. Immergut. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Regina Lennox. Filing fee in the amount of $300 collected; Agency Tracking ID: ORDC-8782252(58 in 3:22-cv-01859-IM, 71 in 3:22-cv-01862-IM, 90 in 2:22-cv-01815-IM, 49 in 3:22-cv-01869-IM) : Reviewed and Ready for Ruling. (ecp) |
Filing 97 Unopposed Motion to Appear as Amicus Curiae , Motion for Leave to File Amicus Brief. Filed by Asian Pacific American Gun Owners Association, DC Project Foundation, Inc., National African American Gun Association, Inc., Operation Blazing Sword, Inc.. (Attachments: #1 Exhibit Amicus Brief, #2 Exhibit Exhibit 1 to Amicus Brief, #3 Exhibit Exhibit 2 to Amicus Brief (Decl. of S. Williams), #4 Exhibit Exhibit 3 to Amicus Brief (Decl. of P. Pressgrove))Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 96 Corporate Disclosure Statement . Filed by National African American Gun Association, Inc.. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 95 Corporate Disclosure Statement . Filed by Asian Pacific American Gun Owners Association. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 94 Corporate Disclosure Statement . Filed by DC Project Foundation, Inc.. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 93 Corporate Disclosure Statement . Filed by Operation Blazing Sword, Inc.. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 92 Unopposed Motion to Appear as Amicus Curiae , Motion for Leave to File Amicus Brief. Filed by Ducks Unlimited, Inc., Oregon Hunters Association. (Attachments: #1 Exhibit Amicus Brief, #2 Exhibit Declaration of P. Donheffner ISO Amicus Brief, #3 Exhibit Declaration of E. May ISO Amicus Brief, #4 Exhibit Declaration of K. Parkman ISO Amicus Brief, #5 Exhibit Declaration of J. Nash ISO Amicus Brief)Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 91 Corporate Disclosure Statement . Filed by Oregon Hunters Association. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 90 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Regina Lennox. Filing fee in the amount of $300 collected; Agency Tracking ID: ORDC-8782252. Filed by Safari Club International.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lennox, Regina) |
Filing 89 Corporate Disclosure Statement . Filed by Ducks Unlimited, Inc.. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 88 Unopposed Motion to Appear as Amicus Curiae . Filed by Congressional Sportsmen's Foundation, Delta Waterfowl, Ducks Unlimited, National Deer Association, Oregon Hunters Association, Oregon Wild Sheep Foundation, Safari Club International, Sportsmen's Alliance Foundation, The Rocky Mountain Elk Foundation. (Attachments: #1 Exhibit Amicus Brief)Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 87 Corporate Disclosure Statement . Filed by Oregon Hunters Association, Congressional Sportsmen's Foundation, The Rocky Mountain Elk Foundation, Sportsmen's Alliance Foundation, Oregon Wild Sheep Foundation, Safari Club International, National Deer Association, Delta Waterfowl, Ducks Unlimited. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (McLane, Michael) |
Filing 86 Corrected Amended Complaint Corrected Second Amended Complaint. Filed by Brian Pixley, Brad Lohrey, Brian Wolfe, Oregon Firearms Federation, Inc., Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Kevin Starrett, Terry Rowan against Kate Brown, Terri Davie, Ellen F Rosenblum. (Joncus, Stephen) |
Filing 85 Motion for Preliminary Injunction . Oral Argument requested. Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 84 Supplemental Memorandum in Support of Motion for Preliminary Injunction (Eyre Plaintiffs). Filed by Katerina B Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc., Oregon State Shooting Association. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lindsay, Shawn) |
Filing 83 Amended Motion for Preliminary Injunction . Filed by Firearms Policy Coalition, Inc., Mark Fitz, G4 Archery, LLC, Grayguns, Inc., Second Amendment Foundation.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Buchal, James) |
Filing 82 Supplemental Memorandum in Support of Azzopardi Plaintiffs' Motion for Preliminary Injunction. Filed by Daniel Azzopardi, Sportsman's Warehouse, Inc.. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Buchal, James) |
Filing 81 ORDER: Granting Motion to Appear as Amicus Curiae, ECF #65 , by David Morello. Ordered on 1/6/2023 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 80 Declaration of Mark Hanish . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 79 Declaration of Stephen Helsley . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 78 Second Declaration of Kevin L Campbell . Filed by Katerina B Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc., Oregon State Shooting Association. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lindsay, Shawn) Modified on 1/6/2023 to correct docket text list of filers. (ecp). |
Filing 77 Second Declaration of Jason Myers . Filed by Katerina B Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc., Oregon State Shooting Association. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lindsay, Shawn) Modified on 1/6/2023 to correct docket text list of filers(ecp). |
Filing 76 Declaration of Gary Kleck . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 75 Declaration of Clayton Cramer . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 74 Declaration of Clayton Cramer . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 73 Declaration of Massad Ayoob . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 72 Declaration of Ashley Hlebinsky . Filed by Cody Bowen, Damian Bunting, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Pixley, Terry Rowan, Kevin Starrett, Brian Wolfe. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Joncus, Stephen) |
Filing 71 Certificate of Service by Katerina B Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc., Oregon State Shooting Association of Amended Complaint, (67 in 2:22-cv-01815-IM) re the Eyre Plaintiffs' First Amended Complaint Filed by Katerina B Eyre, Tim Freeman, Mazama Sporting Goods, National Shooting Sports Foundation, Inc., Oregon State Shooting Association.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Lindsay, Shawn) |
Filing 70 ORDER: Defendants' Motion to Continue Postponement of Enforcement of Measure 114's Permitting Requirement, ECF #69 , is GRANTED. See attached Order for details. Signed on 1/5/2023 by Judge Karin J. Immergut. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 69 Motion to Continue Postponement of Enforcement of Measure 114's Permitting Requirement. Filed by All Defendants.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (Wilson, Harry) |
Filing 68 Second Amended Complaint . Filed by Brad Lohrey, Brian Wolfe, Oregon Firearms Federation, Inc., Cody Bowen, Harold Richard Haden, Jr, Adam Johnson, Kevin Starrett, Terry Rowan, Brian Pixley, Damian Bunting against Kate Brown, Terri Davie, Ellen Rosenblum (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B). (Joncus, Stephen) |
Filing 67 First Amended Complaint (filed by Eyre Plaintiffs). Filed by Oregon State Shooting Association, Mazama Sporting Goods, Tim Freeman, Katerina B Eyre, National Shooting Sports Foundation, Inc. against Terri Davie, Ellen F Rosenblum. (Lindsay, Shawn) |
Filing 66 ORDER: This Court is in receipt of the parties' Joint Status Report, ECF #61 . In it, the parties agree that this Court's stay of the enforcement of Measure 114's permit-to-purchase requirement should be extended to 11:59 p.m. on 3/7/2023. In the Joint Status Report, the parties disagree as to the terms of that order and have each outlined their respective positions. Defendants are ORDERED to file a brief motion of a maximum of 5 pages by 10:00 a.m. on 1/5/2023 seeking any postponement or stay of Measure 114's provisions and clarifying which provisions they seek to postpone, and which provisions are not within the scope of their request. Defendants' motion must also specify the date to which Defendants seek to postpone implementation and the rationale for postponement. No response from Plaintiffs is needed. This Court will rule on any request for postponement by 5:00 p.m. on 1/5/2023.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 65 Motion to Appear as Amicus Curiae. Filed by David Morello. Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01862-IM (dino) |
Filing 64 ORDER: This Court previously granted Defendant-Intervenor Oregon Alliance for Gun Safety's Motion to Intervene as Defendant in trailing case Eyre et al. v. Rosenblum, et al., No. 3:22-cv-01862-IM, ECF #35 . This Court notes that Defendant-Intervenor Oregon Alliance for Gun Safety's Motion was not accompanied by a proposed pleading, as set forth in Federal Rule of Civil Procedure 24(c). Defendant-Intervenor Oregon Alliance for Gun Safety has represented to this Court that Plaintiffs do not object to Defendant-Intervenor Oregon Alliance for Gun Safety filing its Answer at the same time as the State Defendants. Defendant-Intervenor Oregon Alliance for Gun Safety's Answer to Plaintiffs' Complaint, ECF #1 , is therefore due 45 days after this Court issues its Order on Plaintiffs' Motion for a Preliminary Injunction, as set forth in the parties' Proposed Briefing Schedule, ECF #61 , and adopted by this Court, ECF 63 . Ordered on 12/28/2022 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 63 ORDER: This Court is in receipt of the parties' Proposed Scheduling Order included in their Joint Status Report, ECF #61 . This Court adopts the parties' proposed briefing schedule for Plaintiffs' Motion for a Preliminary Injunction. Oral argument is set for 2/22/2023, 2/23/2023, and 2/24/2023 at 10:00 AM in Portland Courtroom 13A before Judge Karin J. Immergut. The hearing will be in-person but the Court will allow witnesses to appear remotely with seven days' notice to the Court and all parties. Ordered on 12/27/2022 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 62 ORDER: Per the parties' stipulated request included in their Joint Status Report, ECF #61 , this Court ORDERS that the following cases are consolidated: Oregon Firearms Federation et al. v. Brown et al., No. 2:22-cv-01815-IM; Fitz, et al. v. Rosenblum, et al., No. 3:22-cv-01859-IM; Eyre, et al. v. Rosenblum, et al., No. 3:22-cv-01862-IM; and Azzopardi, et al. v. Rosenblum, et al., No. 3:22-cv-01869-IM. The above-captioned case is designated as the lead case and with cases 3:22-cv-01859-IM, 3:22-cv-01862-IM, and 3:22-cv-01869-IM designated as trailing cases. This Court ORDERS that future filings and other docket activities be filed on the above-captioned docket only, and that the case number and designation of the lead case be listed first in the document title of every document filed in any of these cases. Ordered on 12/27/2022 by Judge Karin J. Immergut.Associated Cases: 2:22-cv-01815-IM, 3:22-cv-01859-IM, 3:22-cv-01862-IM, 3:22-cv-01869-IM (jy) |
Filing 61 Joint Status Report . Filed by Kate Brown, Ellen Rosenblum. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Hoffman, Hannah) |
Filing 60 Minutes of Proceedings: Status Conference held on 12/15/2022 regarding the briefing schedule in this matter. Parties are ordered to confer and submit a Joint Status Report with a revised proposed briefing schedule by 12/20/2022 at 5 p.m. Ordered on 12/15/2022 by Judge Karin J. Immergut. Steven Joncus present as counsel for plaintiff(s). Brian Simmonds Marshall present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy) |
Filing 59 ORDER This Court is in receipt of Oregon Alliance for Gun Safety's Motion to Intervene as Defendant, ECF #42 . This Court finds that Oregon Alliance for Gun Safety is not entitled to intervene as of right pursuant to Federal Rule of Civil Procedure 24(a). However, Oregon Alliance for Gun Safety may intervene permissively pursuant to Federal Rule of Civil Procedure 24(b). Accordingly, Oregon Alliance for Gun Safety's Motion to Intervene as Defendant is GRANTED. Ordered by Judge Karin J. Immergut on 12/15/2022. (jy) |
Filing 58 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED TRO Hearing held on December 2, 2022, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/22/2022. Redaction Request due 1/5/2023. Redacted Transcript Deadline set for 1/17/2023. Release of Transcript Restriction set for 3/15/2023. (jjcr) |
Filing 57 Scheduling Order. Telephonic Status Conference is set for 12/15/2022 at 11:00AM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) |
Filing 56 Exhibits [Proposed] Answer re Motion to Intervene as Defendant #42 . Filed by Oregon Alliance for Gun Safety. (Skelton, Jessica) |
Filing 55 Order of USCA for the 9th Circuit, USCA # 22-36011, re Notice of Appeal - Preliminary Injunction #45 . Appellants' motion for voluntary dismissal of this appeal (Docket Entry No. #3 ) is granted. This appeal is dismissed. See Fed. R. App. P. 42(b). This order served on the district court shall act as and for the mandate of this court. (ecp) |
Filing 54 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #51 by attorney Scott Ferron. Ordered by Judge Karin J. Immergut. (jy) |
Filing 53 Notice of Attorney Substitution: Stephen J. Joncus is substituted as counsel of record in place of Attorney John T. Kaempf . Filed by on behalf of All Plaintiffs. (Joncus, Stephen) |
Filing 52 Joint Status Report by All Defendants. Filed by All Defendants. (Wilson, Harry) |
Filing 51 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Scott Ferron. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8749874. Filed by Oregon Alliance for Gun Safety. (Ferron, Scott) |
Filing 50 Order from USCA for the 9th Circuit, USCA # 22-36011 re Notice of Appeal - Preliminary Injunction #45 . The appeal filed December 7, 2022 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due no later than January 4, 2023; the answering brief is due February 1, 2023 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31-2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. (ecp) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Scott Ferron. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8749874 #51 : Reviewed and Ready for Ruling. (ecp) |
USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal - Preliminary Injunction #45 . Case Appealed to Ninth Circuit Court of Appeals Case Number 22-36011 assigned. (ecp) |
Filing 49 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #47 by attorney Kai Smith. Ordered by Judge Karin J. Immergut. (jy) |
Filing 48 Request to withdraw notice of appeal. Filed by All Plaintiffs. (Kaempf, John) |
Filing 47 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kai Smith. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8747962. Filed by Oregon Alliance for Gun Safety. (Smith, Kai) |
Filing 46 Notice of Appearance of Hannah Hoffman appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Hoffman, Hannah) |
Filing 45 Notice of Appeal to the 9th Circuit Filing fee $505 collected; Agency Tracking ID: AORDC-8747580. Filed by All Plaintiffs. (Kaempf, John) |
Filing 44 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #41 by attorney Zachary J. Pekelis. Ordered by Judge Karin J. Immergut. (jy) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zachary J. Pekelis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8746404 #41 : Reviewed and Ready for Ruling. (ecp) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Kai Smith. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8747962 #47 : Reviewed and Ready for Ruling. (ecp) |
Filing 43 Declaration of Thomas Wheatley . Filed by Oregon Alliance for Gun Safety. (Related document(s): Motion to intervene #42 .) (Attachments: #1 Exhibit A) (Skelton, Jessica) |
Filing 42 Motion to Intervene as Defendant. Filed by Oregon Alliance for Gun Safety. (Skelton, Jessica) |
Filing 41 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Zachary J. Pekelis. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8746404. Filed by Oregon Alliance for Gun Safety. (Pekelis, Zachary) |
Filing 40 Notice of Appearance of Jessica A. Skelton appearing on behalf of Oregon Alliance for Gun Safety. Filed by on behalf of Oregon Alliance for Gun Safety. (Skelton, Jessica) |
Filing 39 ORDER: Plaintiffs' Emergency Motion for a Temporary Restraining Order ("TRO") and Preliminary Injunction, ECF #5 , is DENIED. See attached Opinion and Order for details. Signed by Judge Karin J. Immergut on 12/6/2022. (jy) |
Filing 38 ORDER: This Court is in receipt of Plaintiffs' Motion for Leave to File Supplemental Historical Authorities filed on 12/5/2022, ECF #35 , and Plaintiffs' Notice of Supplemental Authority, ECF #36 . This Court notes that Plaintiffs were on notice by 7/18/2022 that Measure 114 qualified for the General Election ballot. Initiative, Referendum, and Referral Search, Oregon Secretary of State, https://egov.sos.state.or.us/elec/web_irr_search.record_detail?p_reference=20220017..LSCYYY. Plaintiffs were further on notice that Measure 114 was approved by a majority of voters at the 11/8/2022 General Election. Measure 114, Oregon Secretary of State, https://results.oregonvotes.gov/resultsSW.aspx?type=MEASURE&map=CTY. This Court also notes that Plaintiffs filed their Emergency Motion for a Temporary Restraining Order ("TRO") and Preliminary Injunction, ECF #5 , on 11/23/2022. This Court held a hearing on that motion on 12/2/2022, ECF 33 , and Measure 114 is scheduled to go into effect in two days, on 12/8/2022. Or. Const. Art. IV, 1(4)(d). These materials are untimely. This Court declines to consider them for purposes of the TRO. Accordingly, Plaintiffs' Motion for Leave to File Supplemental Historical Authorities, ECF #35 , is DENIED, and Plaintiffs' Notice of Supplemental Authority, ECF #36 , is hereby STRICKEN from the record. Although this Court previously granted Plaintiffs' request to file particular supplemental authority in advance of the 12/2/2022 TRO hearing, ECF 12 , that grant was limited to those filings. Plaintiffs will have further opportunity to file additional authority as part of their Preliminary Injunction briefing once a briefing schedule is proposed by the parties as discussed at the TRO hearing. Ordered by Judge Karin J. Immergut on 12/6/2022. (jy) |
Filing 37 Notice re Notice #34 Letter Filed by All Plaintiffs. (Related document(s): Notice #34 .) (Kaempf, John) |
Filing 36 (STRICKEN BY ORDER OF THE COURT) Notice of Supplemental Authority re Motion for Preliminary Injunction #5 Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #5 .) (Kaempf, John) Modified on 12/6/2022 (jy). |
Filing 35 Motion for Leave to file Supplemental Historical Authorities in Support of Emergency Motion for Preliminary Injunction. Expedited Hearing requested. Filed by All Plaintiffs. (Kaempf, John) |
Filing 34 Notice Letter Filed by All Defendants. (Marshall, Brian) |
Filing 33 Minutes of Proceedings: Hearing held on 12/2/2022 to consider Plaintiffs' Motion for a Temporary Restraining Order, ECF #5 . All future amicus briefs must be filed no later than seven days before any hearing in this matter. This Court reminds parties that the extent to which amicus briefs are considered is wholly within this Court's discretion. John T. Kaempf and Leonard W. Williamson present as counsel for plaintiff(s). Brian Simmonds Marshall and Harry B. Wilson present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (jy) |
Filing 32 Amicus Brief in Support of Plaintiffs. Filed by Gun Owners Foundation, Gun Owners of America Inc.. (Related document(s): Motion for Preliminary Injunction #5 .) (McCarthy, Thomas) |
Filing 31 ORDER: Granting Motion to Appear as Amicus Curiae, ECF #20 , by Gun Owners of America, Inc. and Gun Owners Foundation. Ordered by Judge Karin J. Immergut. (jy) |
Filing 30 ORDER: Granting Motion to Appear as Amicus Curiae, ECF #19 , by Silent Majority Foundation. Ordered by Judge Karin J. Immergut. (jy) |
Filing 29 Notice of Association of Attorney of John T. Kaempf, Leonard W. Williamson appearing on behalf of All Plaintiffs . Filed by on behalf of All Plaintiffs. (Kaempf, John) |
Filing 28 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #23 by attorney Thomas McCarthy. Ordered by Judge Karin J. Immergut. (jy) |
Filing 27 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #22 by attorney C'Zar Bernstein. Ordered by Judge Karin J. Immergut. (jy) |
Filing 26 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #21 by attorney Taylor Meehan. Ordered by Judge Karin J. Immergut. (jy) |
Filing 25 Notice of Correction by Clerk regarding Motions for Leave to Appear Pro Hac Vice (#21 , #22 , and #23 ). A Clerical error has been discovered in the case record: The PDFs attached at filing included incorrect information. The following corrections were made to the record: Corrected PDFs have been uploaded to replace the incorrect ones. The Notices of Electronic Filing (NEF) will be regenerated to all parties. (eo) |
Filing 24 Notice of Appearance of Harry B. Wilson appearing on behalf of Kate Brown, Ellen Rosenblum. Filed by on behalf of Kate Brown, Ellen Rosenblum. (Wilson, Harry) |
Filing 23 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Thomas McCarthy. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8739965. Filed by Gun Owners Foundation, Gun Owners of America Inc.. (McCarthy, Thomas) Modified on 12/1/2022 to correct attorney's name requesting Pro Hac Vice Admission (ecp). (Main Document 23 replaced on 12/1/2022) (eo). |
Filing 22 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney C'Zar Bernstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8739885. Filed by Gun Owners Foundation, Gun Owners of America Inc.. (Bernstein, C'Zar) Modified on 12/1/2022 to correct attorney's name requesting Pro Hac Vice Admission (ecp). (Main Document 22 replaced on 12/1/2022) (eo). |
Filing 21 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Taylor Meehan. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8739887. Filed by Gun Owners Foundation, Gun Owners of America Inc.. (Meehan, Taylor) Modified on 12/1/2022 to correct attorney's name requesting Pro Hac Vice Admission (ecp). (Main Document 21 replaced on 12/1/2022) (eo). |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorneys Taylor Meehan, C'Zar Bernstein, and Thomas McCarthy to Appear Pro Hac Vice. Reviewed and Ready for Ruling. (ecp) |
Filing 20 Motion to Appear as Amicus Curiae . Expedited Hearing requested. Filed by Gun Owners of America Inc., Gun Owners Foundation. (Attachments: #1 Proposed Document Amicus Brief) (Smith, Tyler) |
Filing 19 Motion to Appear as Amicus Curiae . Filed by All Plaintiffs. (Attachments: #1 Attachment Opposed Brief of Amicus Curiae Silent Majority Foundation and Supporting Memorandum, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3) (Serrano, Pete) |
Filing 18 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #14 by attorney Pete Serrano. Ordered by Judge Karin J. Immergut. (jy) |
Filing 17 Declaration of Brian Simmonds Marshall . Filed by All Defendants. (Related document(s): Response to Motion #15 .) (Attachments: #1 Attachment 1 - Supp. Decl. Allen, #2 Attachment 2 - Decl. Spitzer, #3 Attachment 3 - Decl. Cornell, #4 Attachment 4 - Decl. Vorenberg, #5 Attachment 5 - Supp. Decl. Klarevas, #6 Attachment 6 - FICS Chart, #7 Attachment 7 - Excerpt OHA Report, #8 Attachment 8 - Article, #9 Attachment 9 - Article, #10 Attachment 10 - transcript, #11 Attachment 11 - Article) (Marshall, Brian) |
Filing 16 Declaration of Ryan Busse . Filed by All Defendants. (Related document(s): Response to Motion #15 .) (Marshall, Brian) |
Filing 15 Response to Emergency Motion for Preliminary Injunction and Supporting Memorandum of Law #5 . Filed by Kate Brown, Ellen Rosenblum. (Marshall, Brian) |
Filing 14 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pete Serrano. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8738359. Filed by Cody Bowen, Harold Richard Haden, Jr, Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Brian Wolfe. (Serrano, Pete) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Pete Serrano. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8738359 #14 : Reviewed and Ready for Ruling. (ecp) |
Filing 13 First Amended Complaint for Declaratory and Injunctive Relief. Filed by Adam Johnson, Brad Lohrey, Oregon Firearms Federation, Inc., Cody Bowen, Brian Wolfe, Harold Richard (Jr.) Haden against All Defendants. (Kaempf, John) |
Filing 12 ORDER: Plaintiffs' Motion for Leave to File Supplemental Authority in Support of Emergency Motion for Preliminary Injunction, ECF #11 , is GRANTED. Ordered by Judge Karin J. Immergut. 11/28/2022. (jy) |
Filing 11 Motion for Leave to File Supplemental Authority in Support of Emergency Motion for Preliminary Injunction. Expedited Hearing requested. Filed by All Plaintiffs. (Kaempf, John) |
Filing 10 Scheduling Order regarding Emergency Motion for Preliminary Injunction #5 . Plaintiffs are required to provide actual notice to counsel for all Defenants in this case of all filings by 9:00 AM on 11/25/2022 and provide proof to this Court by Noon on 11/25/2022. Ordered by Judge Karin J. Immergut. (jy) |
Filing 9 Scheduling Order regarding Emergency Motion for Preliminary Injunction #5 . Defendants' Response is due by 11/30/2022 at Noon. No Reply permitted. Oral Argument is set for 12/2/2022 at 10:00AM in Portland Courtroom 13A before Judge Karin J. Immergut. Plaintiffs are Ordered by Judge Karin J. Immergut. (jy) |
Filing 8 Declaration of Kevin Starrett In Support of Plaintiffs' Emergency Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #5 .) (Kaempf, John) |
Filing 7 Declaration of Brad Lohrey In Support of Plaintiffs' Emergency Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #5 .) (Kaempf, John) |
Filing 6 Declaration of Adam Johnson In Support of Plaintiffs' Emergency Motion for Preliminary Injunction. Filed by All Plaintiffs. (Related document(s): Motion for Preliminary Injunction #5 .) (Kaempf, John) |
Filing 5 Emergency Motion for Preliminary Injunction and Supporting Memorandum of Law. Oral Argument requested.Expedited Hearing requested. Filed by All Plaintiffs. (Kaempf, John) |
Filing 4 Notice of Appearance of Brian Simmonds Marshall appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Marshall, Brian) |
Filing 3 Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Andrew D. Hallman to Judge Karin J. Immergut. (cw) |
Filing 2 Notice of Case Assignment to Magistrate Judge Andrew D. Hallman and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 3/21/2023. Joint Alternate Dispute Resolution Report is due by 4/20/2023. Pretrial Order is due by 4/20/2023. Ordered by Magistrate Judge Andrew D. Hallman. (dino) |
Filing 1 Complaint. for Declaratory and Injunctive Relief Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8728906 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by Oregon Firearms Federation, Inc., Adam Johnson, Brad Lohrey against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Exhibit Measure 114 text). (Kaempf, John) |
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