Birdt v. San Bernardino Sheriffs Department

TED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Eastern Division – Riverside)
CIVIL DOCKET FOR CASE #: 5:13-cv-00673-VAP-JEM

Jonathan Birdt v. San Bernardino Sheriffs Department
Assigned to: Judge Virginia A. Phillips
Referred to: Magistrate Judge John E. McDermott
Cause: 42:1983 Civil Rights Act
Date Filed: 04/12/2013
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question

Summary/Issues:  Challenging the denial of plaintiff’s application for concealed handgun license.

Filing DateFiling PartyDocument Description
 USDC – Central District
4/23/2015DefendantReply to Plaintiff’s Opposition to Defendant’s Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement
3/10/2015CourtMinute Order Re Briefing Schedule for Defendants’ Motion to Dismiss Second Amended Complaint
3/9/2015PlaintiffOpposition to Motion to Dismiss; Declaration of Plaintiff
3/6/2015DefendantDeclaration of Algeria R. Ford In Support of Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement
3/6/2015DefendantNotice of Motion and Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement
3/6/2015DefendantDefendant’s Notice of Lodging Proposed Order for 12(B)(6) Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement
2/20/2015PlaintiffSupplemental Authorities
2/20/2015PlaintiffRule 15(d) Supplement to Plaintiffs Second Amended Complaint
2/10/2015CourtMINUTES (IN CHAMBERS) ORDER RE PLAINTIFF’S THIRD AMENDED COMPLAINT FOR SECOND AMENDMENT VIOLATION (Docket No. # 132 ) AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. # 133 ) by Magistrate Judge John E. McDermott. The Court sua sponte STRIKES Plaintiff Jonathan Birdt’s recently filed Third Amended Complaint (“TAC”) and Motion for Summary Judgment. Plaintiff did not seek or obtain leave to file an amended complaint as required by Rule 15(a)(2). The Court will not grant leave to do so. In its February 6, 2015 Order, the Court specifically instructed Plaintiff to file a supplemental complaint pursuant to Rule 15(d). Plaintiff has until March 1, 2015 to do so or to file a response why this case should not be dismissed.
2/6/2015PlaintiffMotion for Summary Judgment; Declaration re Facts and Compliance with Local Rules
2/6/2015PlaintiffThird Amended Complaint for Second Amendment Violation
2/6/2015CourtMINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge John E. McDermott. IT IS ORDERED THAT Plaintiff shall show cause on or before February 20, 2015, why his SAC should not be dismissed as moot given that the SAC seeks injunctive relief (i.e., an order requiring Defendant to issue Plaintiff a concealed weapon permit) on the ground that Defendant improperly denied only the First Application, and the SAC does not challenge Defendant’s subsequent denial of the Second Application. If Plaintiff files a Response to this Order to Show Cause, Defendant’s Reply to Plaintiff’s Response shall be due no later than February 27, 2015. (See Order for Further Details)
1/30/2015PlaintiffNotice of Decision on Second Application
1/13/2015PlaintiffNotification To Court of Defendants Response to Plaintiffs Inquiry
1/12/2015PlaintiffDeclaration of Plaintiff Regarding Magistrates Order on January 8th, 2015
1/8/2015CourtMINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott: ORDER DIRECTING THE PARTIES TO INFORM THE COURT CONCERNING THE OUTCOME OF PLAINTIFF’S SECOND APPLICATION FOR A CONCEALED WEAPONS PERMIT AS SOON AS A DECISION HAS BEEN RENDERED ON THE SECOND APPLICATION # 126 . [See document for details.]
1/5/2015PlaintiffSupplemental Declaration of Plaintiff In Support of Motion for Summary Judgment and In Opposition to Motion to Dismiss
10/31/2014DefendantDefendant’s Response to the Court’s Order re Standard of Scrutiny
10/6/2014CourtSCHEDULING NOTICE NOTICE by Magistrate Judge John E. McDermott re: MOTION for Order for Show Cause why the Court should not Order Defendant to Process and Render a Decision on Plaintiffs Application consistent with the Courts’ prior Rulings within 15 days of Issuance 118 . Hearing set for October 14, 2014 at 10:00 a.m. is hereby vacated. Ruling to follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
10/4/2014PlaintiffResponse to Court Regarding Level of Scrutiny
10/2/2014CourtCivil Minutes (In Chambers) Order re Defendants Objections to Magistrate Judge Report and Recommendations Docket Nos. 119
10/2/2014CourtCivil Minutes (In Chambers) Order re Request for Order Compelling Defendant to Show Cause
9/24/2014PlaintiffResponse to Objections
9/23/2014DefendantDefendant’s Objections to Magistrate Judge John E. McDermott’s Report and Recommendations
9/15/2014PlaintiffRequest for Order Compelling Defendant to Show Cause as to Why he Will Not Accept and Process Plaintiffs CCW Application
9/8/2014CourtCivil Minutes (In Chambers) Order re Docket Nos. 115 and 116
9/5/2014Court[STRICKEN PER ORDER DATED 9/8/14] Amendment to REQUEST for Order for to show cause regarding a decision on Plantiffs application for a permit to carry a concealed weapon and notice of acceptance of Magistrates’ Report and Recomendations 115 filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Exhibit Emails and Application Received notice)(Birdt, Jonathan) Modified on 9/8/2014 (san)
9/3/2014Court[STRICKEN PER ORDER DATED 9/8/14] REQUEST for Order for to show cause regarding a decision on Plantiffs application for a permit to carry a concealed weapon and notice of acceptance of Magistrates’ Report and Recomendations filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) Modified on 9/8/2014 (san).
9/3/2014CourtNotice of Filing Magistrate Judge’s Report and Recommendation
9/3/2014CourtReport and Recommendation of United States Magistrate Judge
8/25/2014PlaintiffNotice of Supplemental Authority Regarding Pending Motion for Summary and Judgment and Motion to Dismiss
8/25/2014PlaintiffNotice of Supplemental Authority Regarding Pending Motion for Summary and Judgment and Motion to Dismiss
8/19/2014CourtSCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION to Dismiss (Entered: 08/19/2014)
8/14/2014DefendantDeclaration of Algeria R. Ford in Support of Request for Judicial Notice
8/14/2014DefendantRequest to Take Judicial Notice (In Support of Defendant’s F.R.C.P. Rule 12(b)(6) Motion to Dismiss and Defendant’s Opposition
8/8/2014CourtMinute Order (In Chambers) Order re Docket Nos. 74, 90 and 92
8/4/2014CourtSCHEDULING NOTICE NOTICE by Magistrate Judge John E. McDermott re MOTION for Summary Judgment as to Plaintiffs’ Second Amended Complaint 90 . The hearing is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
7/28/2014CourtResponse by Court to Notice to Filer of Deficiencies in Electronically Filed Documents___
7/28/2014CourtNOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 96 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl)
7/28/2014CourtNOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 95 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl)
7/28/2014CourtResponse by Court to Notice to Filer of Deficiencies in Electronically Filed Documents__
7/28/2014CourtNOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) 94 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl)
7/28/2014CourtResponse by Court to Notice to Filer of Deficiencies in Electronically Filed Documents
7/28/2014CourtNOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 93 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so.
7/22/2014PlaintiffReply re Motion for Summary Judgment
7/22/2014PlaintiffOpposition to Motion to Dismiss
7/22/2014DefendantSupplement to Separate Statement of Uncontroverted Facts and Conclusions of Law
7/22/2014DefendantSupplement to Notice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law_
7/22/2014DefendantSeparate Statement of Uncontroverted Facts and Conclusions of Law
7/22/2014DefendantNotice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law
7/22/2014DefendantDeclaration of Sarah Hendrix
7/22/2014DefendantDeclaration of Algeria R. Ford In Support of Opposition to Plaintiffs Motion for Summary Judgment
7/22/2014DefendantDefendants Opposition to Plaintiffs Motion for Summary Judgment; Memorandum of Points and Authorities
7/22/2014DefendantDefendants Notice of Lodging Proposed Order for 12(b)(6) Motion
7/22/2014DefendantNotice of Motion and Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof
7/2/2014PlaintiffProof of Service for Defendant John McMahon
6/30/2014PlaintiffMotion for Summary Judgment; Declaration re Facts and Compliance with Local Rules
6/30/2014PlaintiffSummons In A Civil Action to Second Amended Complaint
6/26/2014PlaintiffSecond Amended Complaint for Second Amendment Violations
6/26/2014CourtCivil Minutes (In Chambers) Order re Docket Nos. 75, 79, and 82
6/24/2014CourtNOTICE OF CLERICAL ERROR: Due to clerical error Notice is given that the docket entry 81 (IN CHAMBERS) ORDER filed on 06/19/2014 is a duplicate entry to docket number 80 . (es)
6/24/2014DefendantAnswer to First Amended Complaint; Demand for Jury Trial
6/24/2014CourtResponse by the Court to Notice to Filer of Deficiencies in E-Filed Documents
6/24/2014CourtNOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (non-motion), 82 . The following error(s) was found: Case number is incorrect or missing. Other error(s) with document(s): The case number should include Judge McDermott’s initials (JEM). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl) (Entered: 06/24/2014)
6/24/2014PlaintiffResponse to Order to Show Cause
6/19/2014CourtMinute Order re Setting Deadline for Defendant to Comply with Court Order to Serve Plaintiff’s Application File for A Concealed Weapon Carry Permit
6/19/2014CourtMinute Order re Setting Deadline for Defendant to Comply with Court Order
6/18/2014PlaintiffRequest for Order of Substitution Pursuant to Rule 17(d)
6/18/2014PlaintiffSupplemental Notice of Continued Failure to Comply with Court Order
6/18/2014PlaintiffNotice of Continued Failure to Comply with Court Order
6/16/2014PlaintiffReply re Request for Order
6/13/2014PlaintiffRequest for Order in Response to OSC and Ruling on Motion to Seal
6/11/2014CourtMinute Order (In Chambers) Order re Defendant’s Application to Seal Documents
6/11/2014CourtMinute Order (In Chambers) Order to Show Cause Why Plaintiffs 1st Amended Complaint Should Not Be Dismissed
6/11/2014CourtNotice of Clerical Error re Order Accepting Findings and Recommendations
6/9/2014CourtOrder Accepting Findings and Recommendations of United States Magistrate Judge
6/9/2014CourtOrder Accepting Findings and Recommendations of United States Magistrate Judge
6/4/2014PlaintiffOpposition to Request to Seal Records
6/4/2014DefendantDefendant’s Application to Seal Documents
6/4/2014CourtMinute Order (In Chambers) Order re Defendant San Bernardino Sheriff’s Department’s Ex Parte Application for Protective Order
6/4/2014DefendantObjection to Manual Filing and Notice to Court
6/2/2014DefendantDefendant’s Response to Court’s Order
6/2/2014PlaintiffNotice of Manual Filing of Jonathan Birdt’s CCW License File
5/29/2014CourtMinute Order (In Chambers) Order re Defendant San Bernardino Sheriff’s ExParte Application for Protective Order for Confidential Documents
5/27/2014PlaintiffOpposition to ExParte Application for Protective Order
5/27/2014DefendantNotice of Lodging [Proposed] Order re Ex Parte Application
5/27/2014DefendantDefendant’s Ex Parte Application for Protective Order
5/23/2014PlaintiffDeclaration of Plaintiff Regarding OSC
5/23/2014CourtMinute Order re (In Chambers) Order re Plaintiff’s Application for A Concealed Weapon Permit
5/21/2014CourtSCHEDULING NOTICE by Magistrate Judge John E. Mc Dermott re: MOTION for Summary Judgment as to Plaintiffs’ First Amended Complaint 44. Hearing is hereby vacated. Ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
5/20/2014PlaintiffSecond Amended Notice re Motion for Summary Judgment Hearing Time and Location
5/20/2014PlaintiffNotice Changing Hearing Date for Motion for Summary Judgment
5/20/2014CourtMinute Order re (In Chambers) Order Plaintiff’s Motion for Summary Judgment (Docket No. 44)
5/19/2014PlaintiffReply re Motion for Summary Judgment
5/19/2014DefendantNotice of Lodging [Proposed] Order Denying Plaintiff’s Motion for Summary Judgment
5/19/2014DefendantDeclaration of Algeria R. Ford in Support of Opposition to Plaintiff’s Motion for Summary Judgment
5/19/2014DefendantSheriffs Dept._Separate Statement of Uncontroverted Facts and Conclusions of Law
5/19/2014DefendantNotice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law
5/19/2014DefendantDefendant’s Opposition to Plaintiff’s Motion for Summary Judgment; Memorandum of Points and Authorities
5/13/2014CourtAmended Minute Order re Plaintiff’s Application for a Concealed Weapon Permit and Order to Show Cause with Regard to Defendant’s Motion to Dismiss
5/12/2014PlaintiffAcceptance of Magistrates Report and Recommendations
5/12/2014CourtMinute Order re Plaintiff’s Application File for a Concealed Weapon Permit and Order to Show Cause
5/12/2014CourtReport and Recommendation of United States Magistrate Judge
5/12/2014CourtNotice of Filing of Magistrate Judge’s Report and Recommendation
5/7/2014PlaintiffMotion for Summary Judgment Declaration re Facts and Compliance with Local Rules
5/7/2014PlaintiffRequest for Ruling Pursuant to L.R. 83-9.2
4/4/2014CourtMinute Order Denying Motion for Preliminary Injunction
3/20/2014PlaintiffPlaintiff’s Opposition re Motion for Preliminary Injunction
3/19/2014DefendantDeclaration of Alegria Ford
3/19/2014DefendantOpposition to Plaintiff’s Motion for Preliminary Injunction Requiring The Sheriff to Show Cause
3/12/2014PlaintiffResponse By The Court to Notice to Filer of Deficiencies in Electronically Filed Documents
3/12/2014CourtNotice to Filer of Deficiencies in Electronically Filed Documents
3/11/2014PlaintiffPlaintiff’s Motion for Preliminary Injunction Requiring the Sheriff to Show Cause
2/26/2014PlaintiffPlaintiff’s Reply re Ex Parte Application for Temporary Restraining Order
2/25/2014CourtMinute Order Denying Plaintiffs Ex Parte Application for Temporary Restraining Order
2/25/2014DefendantOpposition to Plaintiff’s Ex Parte Application for Temporary Restraining Order and to Set Hearing on a Preliminary Injunction; Declaration of S. Hendrix
2/24/2014PlaintiffPlaintiff’s Ex Parte Application for Temporary Restraining Order and to Set Hearing on a Preliminary Injunction Requiring the Sheriff to Show Cause
1/2/2014PlaintiffNotice of Supplemental Authorities re Chovan and Silvester
1/2/2014CourtSCHEDULING NOTICE by Magistrate Judge John E. McDermott re MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 . The hearing set for January 7, 2014 is hereby vacated. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY
12/23/2013DefendantNotice of Appearance or Withdrawal of Counsel for Attorney Alegria R. Ford
12/23/2013DefendantNotice of Appearance or Withdrawal of Counsel for Attorney Paymon Z. Bidari
12/5/2013DefendantReply to Opposition to Motion to Dismiss First Amended Complaint
11/8/2013PlaintiffOpposition to Motion to Dismiss
11/8/2013DefendantNotice of Motion and Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6)
11/5/2013PlaintiffSummons In A Civil Action
11/5/2013PlaintiffFirst Amended Complaint for Second Amendment Violation
11/5/2013CourtMinute Order re Filing of Amended Complaint
10/31/2013CourtOrder Accepting Findings and Recommendations of United States Magistrate Judge
10/22/2013PlaintiffNotice of Manual Filing of First Amended Complaint
9/30/2013CourtReport and Recommendation of United States Magistrate Judge
9/30/2013CourtNotice of Filing Magistrate Judge’s Report and Recommendation
9/4/2013PlaintiffRequest for Ruling Pursuant to L.R. 83 – 9.2 and Notice of Refusal of Defendant to Comply with Duty to Jointly File Pursuant to Local Rules
5/6/2013CourtTEXT ONLY ENTRY by Magistrate Judge John E. McDermott, Defendant’s Motion to Dismiss previously scheduled for June 11, 2013 10:00 a.m. has been VACATED. Oral argument is not required a written ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY
5/6/2013PlaintiffResponse to Notice of Related Cases
5/6/2013PlaintiffOpposition to Amended Motion to Dismiss
5/1/2013DefendantReply to Opposition to Motion to Dismiss
4/30/2013DefendantNotice of Errata as to Motion to Dismiss
4/30/2013DefendantAmended Notice of Motion to Dismiss
4/29/2013PlaintiffOpposition to Motion to Dismiss
4/26/2013DefendantRequest to Take Judicial Notice In Support of F.R.C.P. Rule 12(b)(6)
4/26/2013DefendantDefendants Certificate of Interested Parties
4/26/2013DefendantNotice of Related Case
4/26/2013DefendantNotice of Motion and Motion to Dismiss Pursuant to F.R.C.P. Rule 12(b)(6)
4/18/2013CourtNotice of Reference to A United States Magistrate Judge
4/16/2013CourtStanding Order
4/12/2013CourtNotice to Parties of Court-Directed ADR Program
4/12/2013PlaintiffCertification and Notice of Interested Parties
4/12/2013Court21 DAY Summons Issued re Complaint – (Discovery) 1 as to Defendant San Bernardino Sheriffs Department. (adu)
4/12/2013PlaintiffComplaint for Second Amendment Violation – 42 U.S.C. Section 1983