Colorado Outfitters, et al v. Hickenlooper, et al

U.S. Circuit Court of Appeals for the Tenth Circuit

Court of Appeals Docket #: 14-1290 Docketed: 07/29/2014
Nature of Suit: 3950 Constitutionality of State Statutes
Colorado Outfitters, et al v. Hickenlooper
Appeal From: United States District Court for the District of Colorado – Denver

Summary/Issues: Challenge to Colorado’s ban on all ammo mags that hold more than 15 rounds. 

Filing Date Filing Party Document Description
12/8/2015 Appellants Appellants Rule 28j letter re State v Herrmann
10/26/2015 Appellants Response to Defendant Supplemental Authority
10/21/2015 Appellees Notice of Supplemental Authority
10/19/2015 Court Order Releasing Recording of September 28, 2015 Oral Argument
10/08/2015 Non-Party Motion for Audio
9/28/2015 Court Order Regarding Case Argued and Submitted
9/24/2015 Appellees Response to Sheriff Plaintiffs Rule 28(j) Letter
9/22/2015 Appellants Rule 28(j) Letter from Sheriff Plaintiffs
9/10/2015 Appellants Appellants’ Notice of Supplemental Authority – Rule 28(j)
7/22/2015 Court Order Granting Joint Motion to Enlarge Argument TimeLetter to Counsel Enclosing Order
7/15/2015 Appellees Oral Argument Calendar Notice-Acknowledgment Form
7/14/2015 Appellants & Appellees Joint Motion to Expand Oral Argument Time
7/13/2015 Appellant Sheriffs & David Strumillo’s Oral Argument Calendar Notice – Acknowledgment Form
7/13/2015 Appellant Non-Profit Organizations’ Oral Argument Calendar Notice-Acknowledgment Form
7/13/2015 Court Docket Text:
[10285958] Calendar notice sent to counsel. Arguments to be held on 09/28/2015 at 9:00 AM in Courtroom I, in the Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today’s date. Amici may not argue unless prior written consent is given by the court. [14-1290, 14-1292]
7/13/2015 Court Docket Text:
[10285901] Calendar notice sent to counsel. Arguments to be held on 09/28/2015 at 9:00 AM in Courtroom I, Byron White United States Courthouse, Denver, CO. Counsel is required to go to http://www.ca10.uscourts.gov under the argument calendar tab to obtain an important notice regarding calendared cases and required forms. The calendar acknowledgment form must be completed and filed with the clerk via Electronic Case Filing within 10 days of today’s date. Counsel for amici do not appear at oral argument without permission of the court. [14-1290, 14-1292]
7/10/2015 Appellees Response to Appellant’s Notice of Supplemental Authority re Bonidy v USPS
7/10/2015 Court Order Referring Reply in Support of Alternative Motion to Supplement Record to Panel Deciding Appeal on Merits
7/09/2015 Appellants Reply in Support of Alternative Motion to Supplement Record Pursuant to This Court’s Equitable Power
7/02/2015 Appellants Rule 28(j) Letter
7/02/2015 Court Order Referring Appellee’s Reply to Panel Assigned to Hear Case on the Merits
7/02/2015 Appellee Reply in Support of Motion to Strike Appendices and Associated Arguments in Reply Briefs
7/02/2015 Appellee Reply in Support of Motion to Strike Appendices and Associated Arguments in Reply Briefs
6/30/2015 Court Order Referring Appellant’s Response to Motion to Strike Appendices and Associates Arguments to panl who will decide appeal on merits
6/29/2015 Appellants Response to Motion to Strike Appendices and Associated Arguments in Reply Briefs; or in the Alternative, Motion to Supplement Record Pursuant to this Court’s Equitable Power
6/19/2015 Court Order Referring Governor’s Motion to Strike Appendices and Associated Arguments in Reply Briefs to Appeal Panel
6/19/2015 Appellee Governor’s Motion to Strike Appendices and Associated Arguments in Reply Briefs
5/29/2015 Appellants Reply Brief of Appellants Sheriffs And David Strumillo
5/29/2015 Appellants Reply Brief of Appellants NonProfit Organizations, Disabled Firearms Owners and Firearms Manufacturers and Dealers
5/22/2015 Appellants Notice of Appearance by Greenlee for Appellants
5/21/2015 Court Order Granting Appellants’ Unopposed Motion to File A Reply With a 10,000 word limit
5/21/2015 Court Order Granting Appellants’ Second Motion for Extension of Time
5/21/2015 Appellant Unopposed Motion for Second Extension of Time in Which to File Reply Briefs
5/18/2015 Appellant Unopposed Motion For Leave to File Oversized Brief
5/07/2015 Court Order Granting Brady Center to Prevent Gun Violence Motion to File Amicus; Amicus Brief Deemed Filed
5/05/2015 Amici Brief of Amicus Curiae Brady Center to Prevent Gun Violence in Support of Appellee
5/05/2015 Amici Corrected Motion for Leave to File Amicus Curiae Brief of Brady Center to Prevent Gun Violence in Support of Appellee
5/04/2015 Amici Notice of Appearance by Canfield for Everytown for Gun Safety
4/30/2015 Court Docket Text:
This entry has been removed from the docket. Brief redocketed by clerk 04/29/2015 [AD]
[10267870] Amicus Curiae brief submitted by Everytown for Gun Safety. 7 paper copies to be provided to the court. Served on 04/29/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-1290, 14-1292] SS
4/30/2015 Amici Notice of Appearance filed by Dasgupta for States of Massachusetts, New York, Iowa, Washington, Illinois, etc
4/29/2015 Amici Notice of Appearance by Ramey for Brady Center to Prevent Gun Violence
4/29/2015 Amici Brief of Amicus Curiae Brady Center to Prevent Gun Violence in Support of Appellee
4/29/2015 Amici Motion for Leave to File Amicus Curiae Brief of Brady Center to Prevent Gun Violence in Support of Appellee
4/29/2015 Amici Brief for the State of New York, Connecticut, Hawaii, etc as Amici Curiae in Support of Appellee
4/29/2015 Amici Notice of Appearance by Castanias for Everytown for Gun Safety
4/29/2015 Amici Notice of Appearance by Baum and Ciani for Law Center to Prevent Gun Violence
4/29/2015 Amici Brief for Amici Curiae Law Center to Prevent Gun Violence
4/29/2015 Amici Notice of Appearance by Ms. Sooknanan for Everytown for Gun Safety
4/29/2015 Amici Brief of Amicus Curiae Everytown for Gun Safety in Support of Defendant-Appellee and Affirmance
4/24/2015 Court Order Granting Unopposed Motion for Extension of Time In Which to File Reply Briefs
4/24/2015 Appellant Unopposed Motion for Extension of Time In Which to File Reply Briefs
4/23/2015 Court Docket Text:
[10266467] Minute order filed – Appellant’s optional reply brief now due 05/11/2015 for National Shooting Sports Foundation, Magpul Industries, USA Liberty Arms, Rocky Mountain Shooters Supply, 2nd Amendment Gunsmith & Shooter Supply, Inc., Burrud Arms Inc., Green Mountain Guns, Jerrys Outdoor Sports & Supply, Specialty Sports & Supply, Goods for the Woods, Colorado State Shooting Association, Hamilton Family Enterprises, Inc., Colorado Outfitters Association, Colorado Farm Bureau, Colorado Youth Outdoors, Outdoor Buddies, Inc., Women for Concealed Carry, David Bayne, Dylan Harrell, Jim Beicker, Rick Besecker, Ronald Bruce, David D. Campbell, James (Jim) Casias, Miles Clark, John B. Cooke, James Crone, Douglas N. Darr, Chad Day, Rick Dunlap, David Encinias, Mike Ensminger, James Faull, Rod Fenske, Scott Fischer, Forrest Frazee, Peter Gonzalez, Bruce W. Hartman, Shayne Heap, Fred Hosselkus, Tim Jantz, Fred Jobe, Chris S. Johnson, Rodney Johnson, Donald Krueger, Larry Kuntz, Sue Kurtz, Terry Maketa, Jerry Martin, Dominic Mattivi Jr., Fred D. McKee, Amos Medina, Ted B. Mink, John Minor, Tom Nestor, Bruce Newman, Mike Norris, Brian E. Norton, Randy Peck, Brett L. Powell, Ken Putnam, Tom Ridnour, Grayson Robinson, Duke Schirard, Justin Smith, Dennis Spruell, Dave Stong, Charles “Rob” Urbach, Lou Vallario, David A. Weaver, Fred Wegener, Garrett Wiggins, Si Woodruff, David Strumillo, John “Smoky” Kurtz, Steve Reams, Michael T. McIntosh, Sam Zordel, Casey Sheridan, Richard Valdez, K. C. Hume, Shannon Keith Byerly, Shawn Mobley, Brett Schroetlin, Richard A. Albers, Jon Stivers, Bruce Conrad, Bill Elder, Jeff Shrader, Dan Warwick, Thomas James Hanna, Gabriel David Joiner, David C. Walcher, Sean Michael Smith, Steve Nowlin, Robert Jackson, Tony Spurlock and Anthony Mazzola. (Text Only – No Attachment) [14-1290, 14-1292]
4/22/2015 Appellee Defendant-Appellee’s Answer Brief
4/16/2015 Court Order Granting Daniel D Domenico’s Motion to Withdraw as Counsel
4/16/2015 Appellee Motion for Withdrawal of Daniel D Domenico, Co-Counsel on Behalf of Defendant-Appellee
4/8/2015 Court Order Granting Appellee’s Motion to File Oversized Brief
4/7/2015 Appellee Motion for Leave to File Oversized Answer Brief
3/17/2015 Court Order Granting Extension for Appellee to File Brief on or Before April 22, 2015
3/16/2015 Defendant-Appellee Second Unopposed Motion for Extension of Time in Which to File Response Brief
2/19/2015 Amici Entry of Appearance and Certificate of Interested Parties
2/18/2015 Court [10248636] Minute order filed – the State Amicis have not filed an entry of appearance. Notice of appearance due on 03/02/2015 for State of Idaho, State of Montana, State of South Carolina, State of Utah and State of Wyoming. (Text Only – No Attachment) [14-1290]
2/13/2015 Court Order Granting Appellee’s Motion for Extension of Time to File Brief
2/13/2015 Appellee Unopposed Motion for Extension of Time in Which to File Response Brief
1/30/2015 Court [10244304] Minute order filed – Notice of appearance due on 02/13/2015 for State of Idaho, State of Montana, State of South Carolina, State of Utah and State of Wyoming. (Text Only – No Attachment) [14-1290]
1/30/2015 Amicus Brief of Amici Curiae State of Utah, Idaho, Montana, South Carolina, Wyoming
1/28/2015 Amicus Entry of Appearance by Michel & Associates for Amici Curiae in Support of Plaintiffs-Appellants
1/28/2015 Amicus Entry of Appearance by Michel & Associates for Amici Curiae in Support of Plaintiffs-Appellants
1/28/2015 Amicus Brief Amicus Curiae of Western States Sheriffs’ Association, et al., in Support of Plaintiffs-Appellants and in Support of Reversal
1/28/2015 Court Minute order filed – Pursuant to the Notice of Substitution of Parties filed by the appellants on January 26, 2015, the court has modified the docket to reflect the changed identification of specified sheriffs, see Fed. R. App. P. 43(c), and the modified role of others who remain parties to the appeal but not as public officers. (Text Only – No Attachment) [14-1292]
1/27/2015 Amicus Brief of Amici Curiae States of Utah, Idaho, Montana, South Carolina, Wyoming
1/27/2015 Amicus Amicus Curiae Brief for National Rifle Association of America, Inc in Support of Plaintiffs-Appellants and Reversal
1/27/2015 Court Minute order filed – Notice of appearance due on 02/10/2015 for Calguns Shooting Sports Association, California Rifle & Pistol Association, Gun Owners of California, Illinois State Rifle Association, Kansas State Rifle Association, League of Kentucky Sportsmen. (Text Only – No Attachment) [14-1290, 14-1292]
1/27/2015 Amicus Brief of State Firearms Rights Organizations as Amici Curiae in Support of Appellants
1/27/2015 Amicus Amicus Brief for the Congress of Racial Equality, Pink Pistols, Women Against Gun Control, Disabled Sportsmen of North America, and Second Amendment Sisters in Support of Plaintiffs-Appellants
1/23/2015 Amicus Brief Amicus Curiae of Western States Sheriffs’ Association, et al. In Support of Plaintiffs-Appellants and Reversal
1/23/2015 Amicus Notice of appearance submitted by Dan M. Peterson for Western States Sheriffs’ Association, Colorado Police Protective Association, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, International Law Enforcement Educators and Trainers Association for court review. Certificate of Interested Parties: No. Served on 01/23/2015. Manner of Service: email. [14-1290, 14-1292] DMP
1/23/2015 Amicus Amicus Curiae For National Rifle Association of America, Inc. In Support of Plaintiffs-Appellants and Reversal
1/23/2015 Amicus Notice of appearance submitted by Charles J. Cooper for National Rifle Association of America, Inc. for court review. Certificate of Interested Parties: No. Served on 01/23/2015. Manner of Service: email. [14-1290, 14-1292] CJC
1/23/2015 Amicus Brief of State Firearm Rights Organizations as Amici Curiae in Support of Appellants
1/23/2015 Amicus Amicus Curiae For The Congress of Racial Equality, Pink Pistols, Women Against Gun Control, Disabled Sportsmen et al. In Support of Plaintiffs-Appellants
1/23/2015 Amicus Notice of appearance filed by Mr. Brian S. Koukoutchos for Congress of Racial Equality, Pink Pistols, Women Against Gun Control, Disabled Sportsmen of North America and Second Amendment Sisters in 14-1290, 14-1292. CERT. OF INTERESTED PARTIES: n. Served on 01/23/2015. Manner of Service: email. [14-1290, 14-1292]
1/23/2015 Court Notice of appearance submitted by Brian S. Koukoutchos for THE CONGRESS OF RACIAL EQUALITY, PINK PISTOLS, WOMEN AGAINST GUN CONTROL, DISABLED SPORTSMEN OF NORTH AMERICA, AND SECOND AMENDMENT SISTERS for court review. Certificate of Interested Parties: No. Served on 01/23/2015. Manner of Service: email. –[Edited 01/23/2015 by SDS to remove pdf from entry as the pleading has been filed] [14-1290, 14-1292] BSK
1/22/2015 Court Minute order filed – Appellee’s single consolidated brief now due on 02/20/2015 for John W. Hickenlooper. (Text Only – No Attachment) [14-1290, 14-1292]
1/21/2015 Court Minute order filed – Appellants in 14-1292 have indicated in their brief docket entry that there have been changes to certian public officers. These appellants shall file a notice of substitution of parties pursuant to Fed. R. App. P. 43(c) on or before 01/27/2015. (Text Only – No Attachment) [14-1290, 14-1292]
1/16/2015 Appellant Opening Brief of Appellants Nonprofit Organizations, Disabled Firearms Owners and Firearms Manufacturers and Dealers
1/16/2015 Appellant Appellant’s appendix filed by David Bayne, Colorado Farm Bureau, Colorado Outfitters Association, Colorado Youth Outdoors, Dylan Harrell, Outdoor Buddies, Inc. and Women for Concealed Carry. Total number of volumes filed: 28. Served on 01/16/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-1290, 14-1292] PK
1/16/2015 Appellant Appellant’s appendix filed by David Bayne, Colorado Farm Bureau, Colorado Outfitters Association, Colorado Youth Outdoors, Dylan Harrell, Outdoor Buddies, Inc. and Women for Concealed Carry. Total number of volumes filed: 28. Served on 01/16/2015. Manner of Service: email. This pleading complies with all required (privacy, paper copy and virus) certifications: Yes. [14-1290, 14-1292] PK
12/09/2014 Court Order Granting Appellants’ Second Unopposed Motion for An Extension of Time to File Appellants’ Brief
12/09/2014 Appellant Second Unopposed Motion for Extension of Time in Which To File Opening Briefs
11/12/2014 Court Order Granting 30 Day Extension to File Opening Briefs
11/10/2014 Appellant Unopposed Motion for Extension of Time in Which to File Opening Briefs
10/7/2014 Court [10213156] Filed notice record is complete. Served on 10/07/2014. Appellants brief and appendix due on 11/17/2014 for 2nd Amendment Gunsmith & Shooter Supply, Inc., David Bayne, Burrud Arms Inc., Colorado Farm Bureau, Colorado Outfitters Association, Colorado State Shooting Association, Colorado Youth Outdoors, Goods for the Woods, Green Mountain Guns, Hamilton Family Enterprises, Inc., Dylan Harrell, Jerrys Outdoor Sports & Supply, Magpul Industries, National Shooting Sports Foundation, Outdoor Buddies, Inc., Rocky Mountain Shooters Supply, Specialty Sports & Supply, USA Liberty Arms, Women for Concealed Carry, Jim Beicker, Rick Besecker, Ronald Bruce, David D. Campbell, James (Jim) Casias, Miles Clark, John B. Cooke, James Crone, Douglas N. Darr, Chad Day, Rick Dunlap, David Encinias, Mike Ensminger, James Faull, Rod Fenske, Scott Fischer, Forrest Frazee, Peter Gonzalez, Bruce W. Hartman, Shayne Heap, Fred Hosselkus, Tim Jantz, Fred Jobe, Chris S. Johnson, Rodney Johnson, Donald Krueger, Larry Kuntz, Sue Kurtz, Terry Maketa, Jerry Martin, Dominic Mattivi Jr., Fred D. McKee, Amos Medina, Ted B. Mink, John Minor, Tom Nestor, Bruce Newman, Mike Norris, Brian E. Norton, Randy Peck, Brett L. Powell, Ken Putnam, Tom Ridnour, Grayson Robinson, Duke Schirard, Justin Smith, Dennis Spruell, Dave Stong, David Strumillo, Charles “Rob” Urbach, Lou Vallario, David A. Weaver, Fred Wegener, Garrett Wiggins and Si Woodruff. A [14-1290, 14-1292]
9/26/2014 Court Order Granting Unopposed Motion to Consolidate Appeal Nos. 14-1290 AND 14-1292
9/25/2014 Appellant Unopposed Motion to Consolidate Appeal Nos. 14-1290 AND 14-1292
8/19/2014 Appellant Appellants Re-Filed Transcript Order Form
8/12/2014 Appellant Corrected Docketing Statement
8/12/2014 Court Courts Notice to Appellants re Deficient Docketing Statement
8/12/2014 Court [10197992] Docketing statement filed by Mr. Jim Beicker, Mr. Rick Besecker, Mr. Ronald Bruce, Mr. David D. Campbell, Mr. James (Jim) Casias, Mr. Miles Clark, Mr. John B. Cooke, Mr. James Crone, Mr. Douglas N. Darr, Mr. Chad Day, Rick Dunlap, Mr. David Encinias, Mr. Mike Ensminger, Mr. James Faull, Mr. Rod Fenske, Mr. Scott Fischer, Mr. Forrest Frazee, Mr. Peter Gonzalez, Mr. Bruce W. Hartman, Shayne Heap, Mr. Fred Hosselkus, Mr. Tim Jantz, Mr. Fred Jobe, Mr. Chris S. Johnson, Mr. Rodney Johnson, Mr. Donald Krueger, Mr. Larry Kuntz, Ms. Sue Kurtz, Terry Maketa, Mr. Jerry Martin, Mr. Dominic Mattivi, Jr., Mr. Fred D. McKee, Amos Medina, Mr. Ted B. Mink, Mr. John Minor, Mr. Tom Nestor, Mr. Bruce Newman, Mr. Mike Norris, Mr. Brian E. Norton, Mr. Randy Peck, Mr. Brett L. Powell, Mr. Ken Putnam, Mr. Tom Ridnour, Grayson Robinson, Mr. Duke Schirard, Mr. Justin Smith, Mr. Dennis Spruell, Mr. Dave Stong, Mr. David Strumillo, Charles “Rob” Urbach, Mr. Lou Vallario, Mr. David A. Weaver, Mr. Fred Wegener, Mr. Garrett Wiggins and Mr. Si Woodruff. Served on 08/12/2014. Manner of Service: email.–[Edited 08/12/2014 by KF. PDF removed. Deficiency cured with a corrected docketing statement] [14-1292] DK
8/8/2014 Court [10197283] Minute order filed – Transcript order form due 08/22/2014 for Terri Lindblom in 14-1290 & 14-1292. (Text Only – No Attachment) [14-1290, 14-1292]
8/8/2014 Appellant Appellants Transcript Order Form
8/5/2014 Appellant Entry of Appearance and Certificate of Interested Parties for Appellants for Remaining Appellants
8/5/2014 Appellant Entry of Appearance and Certificate of Interested Parties for Appellants
8/1/2014 Appellee Entry of Appearance and Certificate of Interested Parties for Appellee-Respondent
8/1/2014 Court [10195633] Notice of appearance submitted by Daniel D. Domenico, Matthew Grove, Kathleen L. Spalding, Stephanie Scoville and LeeAnn Morrill for Appellee Mr. John W. Hickenlooper in 14-1292 for court review. Certificate of Interested Parties: No. Served on 08/01/2014. Manner of Service: email. –[Edited 08/01/2014 by KF. PDF removed. The pleading is filed iln 14-1292 on 8/1/14] [14-1292] KS
7/29/2014 Court Court of Appeal Letter re Initial Filings and Requirements
7/29/2014 Court USCA Case Number 14-1290 for 164 Notice of Appeal, filed by Dylan Harrell, Colorado Outfitters Association, David Bayne, Colorado Farm Bureau, Women for Concealed Carry, Outdoor Buddies, Inc.. (dbrow, )
7/29/2014 Court LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 165Notice of Appeal filed by David Campbell, John Minor, Dave Stong, Charles “Rob” Urbach, Rod Fenske, Bruce Newman, Ted B. Mink, Garrett Wiggins, Ronald Bruce, Dominic Mattivi, Jr., Fred Jobe, David Strumillo, Ken Putnam, Tim Jantz, Chad Day, Tom Ridnour, David Encinias, Si Woodruff, Jerry Martin, John B. Cooke, Larry Kuntz, Mike Norris, Brian E. Norton, Rick Dunlap, James (Jim) Casias, Bruce W. Hartman, Rick Besecker, Miles Clark, James Crone, Randy Peck, Chris S. Johnson, Sue Kurtz, Amos Medina, Mike Ensminger, Duke Schirard, Lou Vallario, Forrest Frazee, Fred D. McKee, Peter Gonzalez, Donald Krueger, Scott Fischer, Grayson Robinson, Dennis Spruell, Fred Wegener, Justin Smith, James Faull, Terry Maketa, Douglas N. Darr, Fred Hosselkus, Jim Beicker, David A. Weaver, Tom Nestor, Brett L. Powell, Shayne Heap, Rodney Johnson to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dkals,)
7/29/2014 Court LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the 164 Notice of Appeal, 166 Amended Notice of Appeal filed by Dylan Harrell, Colorado Outfitters Association, David Bayne, Colorado Farm Bureau, Women for Concealed Carry, Outdoor Buddies, Inc. to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: # 1 Docket Sheet, # 2 Preliminary Record)(dkals, )
7/28/2014 Appellant Plaintiffs’ Amended Notice of Appeal
7/28/2014 Appellant Plaintiff Sheriffs and David Strumillo Notice of Appeal
7/28/2014 Appellant Plaintiffs’ Notice of Appeal
7/24/2014 Defendant Defendants Bill of Costs
6/30/2014 Court ORDER granting 161 Unopposed Motion for Extension of Time. Extension granted up to and including July 24, 2014. by Chief Judge Marcia S. Krieger on 6/30/14. Text Only Entry(msksec, )
6/27/2014 Defendant Unopposed Motion for Extension of Fed.R.Civ.P. 54 Filing Deadline
6/26/2014  Court Judgment
6/26/2014 Court Findings of Fact, Conclusions of Law, and Order
5/8/2014 Court ORDER granting 157 Motion to Dismiss Party. Party Stan Hilkey terminated. by Chief Judge Marcia S. Krieger on 5/8/14. Text Only Entry(msksec,)
5/6/2014 Plaintiff Unopposed Motion to Terminate Participation of Plaintiff Stan Hikley
4/10/2014 Court MINUTE ENTRY for Bench Trial Day 9 held before Chief Judge Marcia S. Krieger completed on 4/10/2014. Evidence concluded, closing and rebuttal arguments. The Court takes the matter under advisement. Bench Trial completed. Court Reporter: Terri Lindblom.
4/9/2014 Court MINUTE ENTRY for Bench Trial Day 8 held before Chief Judge Marcia S. Krieger on 4/9/2014. Witness testimony, exhibits received/refused/withdrawn and other matters addressed are set forth in the Minutes. 148 Motion in Limine is WITHDRAWN; 150 Motion in Limine is DENIED. Trial continues. Court Reporter: Terri Lindblom.
4/8/2014 Court MINUTE ENTRY for Bench Trial Day 7 held before Chief Judge Marcia S. Krieger on 4/8/2014. Witness testimony, exhibits received/refused/withdrawn and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Teri Lindblom.
4/7/2014 Court MINUTE ENTRY for Bench Trial Day Six held before Chief Judge Marcia S. Krieger on 4/7/2014. Witness testimony, exhibits received/refused/withdrawn or ruling reserved and other matters addressed are set forth in the Minutes. Oral motion in limine is DENIED as set forth in the record. 123 Motion for Order and 144 Motion in Limine are both WITHDRAWN. Trial continues. Court Reporter: Terri Lindblom.
4/7/2014 Plaintiff Plaintiffs’ Motion in Limine to Exclude Untimely Disclosed Expert Opinion Testimony
4/6/2014 Plaintiff Plaintiffs’ Amended Motion in Limine to Exclude Certain Trial Exhibits
4/6/2014 Plaintiff Plaintiffs’ Motion in Limine to Exclude Certain Trial Exhibits
4/4/2014 Court MINUTE ENTRY for Bench Trial Day Five held before Chief Judge Marcia S. Krieger held on 4/4/2014. Witness testimony, exhibits received/refused and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Terri Lindblom. (rkeec) (Entered: 04/07/2014)
4/3/2014 Court MINUTE ENTRY for Bench Trial Day Four held before Chief Judge Marcia S. Krieger held on 4/3/2014. Defendant’s oral Rule 52 motion as to Plaintiffs’ claim under the Americans With Disabilities Act is DEFERRED UNTIL THE CLOSE OF THE PRESENTATION OF THE EVIDENCE. Witness testimony, exhibits received/refused and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Terri Lindblom. (rkeec) (Entered: 04/07/2014)
4/2/2014 Court MINUTE ENTRY for Bench Trial Day Three held before Chief Judge Marcia S. Krieger on 4/2/2014. Witness testimony, exhibits received/refused and other matters addressed are set forth in the Minutes. Court Reporter: Terri Lindblom. (rkeec) (Entered: 04/03/2014)
4/1/2014 Court MINUTE ENTRY for proceedings held before Chief Judge Marcia S. Krieger: Amended re 145 Bench Trial – Held. Amended to reflect correct Magistrate Judge in case caption. Court Reporter: Terri Lindblom. (rkeec) (Entered: 04/03/2014)
4/1/2014 Court MINUTE ENTRY for Bench Trial Day Two held before Chief Judge Marcia S. Krieger on 4/1/2014. Witness testimony, exhibits received/refused and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Terri Lindblom. (rkeec) Modified on 4/3/2014 to reflect date of 4/1/2014(rkeec). (Entered: 04/03/2014)
4/1/2014 Court WITHDRAWN – MOTION in Limine to Exclude Evidence Related to Three Plaintiffs at Trial by Defendant John W. Hickenlooper. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Morrill, LeeAnn) Modified on 4/8/2014 to withdraw pursuant to Minute Entry dated 4/7/2014 (klyon, ). (Entered: 04/01/2014)
4/8/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Seven
4/7/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Six
4/4/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Five
4/3/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Four
4/2/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Three
4/1/2014 Plaintiff Reporter’s Transcript Trial to Court – Day Two
3/31/2014 Plaintiff Reporter’s Transcript Trial to Court – Day One
3/31/2014 Court MINUTE ENTRY for Bench Trial Day One held before Chief Judge Marcia S. Krieger on 3/31/2014. Oral motion for sequestration of non-party lay witnesses for remainder of trial is GRANTED. Opening statements. Witness testimony, exhbits received/refused and other matters addressed are set forth in the Minutes. Trial continues. Court Reporter: Terri Lindblom. (pglov) (Entered: 03/31/2014)
3/26/2014 Court Order Granting Joint Motion Concerning the Use or Display of Firearms Magazines at Trial
3/25/2014 Defendant Joint Motion Concerning the Use or Display of Firearms Magazines at Trial
3/21/2014 Court ORDER on 137 Motion in Limine, the Plaintiffs’ Response, and the Defendant’s Reply. Having considered the parties’ joint final pretrial order, and the Plaintiffs’ trial brief, specifically footnote 5 and pages 18-20, the Court finds that the trial brief asserts a new contention that C.R.S.§ 18-12-112 is unconstitutional. The new contention pertains to Colorado citizens aged 18-20 years old, and the interplay of §18-12-112 with applicable federal law. Such contention was not disclosed in any of the five versions of the Plaintiffs’ complaint, nor was it disclosed in the final pretrial order found at Docket #119, which was approved by this Court. Whether such contention is construed as a claim or theory, it exceeds the scope of the arguments and evidence to be tried beginning March 31, 2014. In the exercise of the Court’s discretion, see Hullman v. Bd. of Trustees, 950 F.2d 665, 668 (10th Cir. 1999), the Court GRANTS the Defendant’s Motion in Limine and excludes all evidence pertinent thereto. By Chief Judge Marcia S. Krieger on 3/21/2014. Text Only Entry(msklc3, ) (Entered: 03/21/2014)
3/21/2014 Defendant Defendant’s Reply In Support of Motion in Limine or in the Alternative Forthwith Motion for Bifurcation and Continuance with Respect to Plaintiffs’ Fifth Claim for Relief
3/21/2014 Plaintiff Plaintiffs’ Response to Defendant’s Motion in Limine or in the Alternative Forthwith Motion for Bifurcation and Continuance with Respect to Plaintiffs’ Fifth Claim for Relief
3/19/2014 Defendant Defendant’s Motion In Limine or in the Alternative Forthwith Motion for Bifurcation and Continuance with Respect to Plaintiffs’ Fifth Claim for Relief
3/19/2014 Deposition Deposition of Jeffrey Zax, PH.D._3.19.14
3/14/2014 Plaintiff Plaintiffs’ Trial Brief
3/14/2014 Defendant Governor’s Trial Brief
3/14/2014 Plaintiff Plaintiffs’ Response to Defendant’s Motion to Dismiss Count 1 and Certain Plaintiffs for Lack of Standing
3/7/2014 Defendant Governor’s Motion to Dismiss Count I and Certain Plaintiffs for Lack of Standing
3/3/2014 Court MINUTE ORDER granting 130 Motion to Withdraw as Attorney. Attorney Maurice L. Dechant terminated. By Magistrate Judge Michael J. Watanabe on 3/3/2014. Text Only Entry(mjwcd) (Entered: 03/03/2014)
3/3/2014 Court MEMORANDUM regarding 130 First MOTION to Withdraw as Attorney filed by Mesa County, Board of County Commissioners. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 3/3/14. Text Only Entry (msksec, ) (Entered: 03/03/2014)
3/3/2014 Defendant First MOTION to Withdraw as Attorney by Defendant Mesa County, Board of County Commissioners. (Attachments: # 1 Proposed Order (PDF Only))(Frankel, David) (Entered: 03/03/2014)
2/28/2014 Plaintiff Joint Amended Witness List
2/26/2014 Defendant NOTICE of Entry of Appearance by David Robert Frankel on behalf of Board of County Commissioners for Mesa County ColoradoAttorney David Robert Frankel added to party Board of County Commissioners for Mesa County Colorado(pty:ip) (Frankel, David) (Entered: 02/26/2014)
2/20/2014 Court MINUTE ENTRY for Final Pretrial Conference held before Chief Judge Marcia S. Krieger on 2/20/2014. 124 Motion for Leave to Restrict is WITHDRAWN. Other matters addressed, including deadlines, if any, are set forth in the Minutes. Court Reporter: Terri Lindblom.
2/20/2014 Plaintiff NOTICE of Entry of Appearance by LeeAnn Morrill on behalf of John W. HickenlooperAttorney LeeAnn Morrill added to party John W. Hickenlooper(pty:dft)
2/20/2014 Defendant Amended Joint Exhibit List
2/14/2014 Plaintiff Plaintiffs’ Unopposed Motion for Leave to File Deposition Excerpt of Shayne Heap as an Exhibit, Under Level 1 Restriction
2/14/2014 Defendant Defendant’s Unopposed Motion for Closure of Courtroom During Portions of Testimony By Aurora Police Chief Daniel Oates
2/12/2014 Court MINUTE ORDER granting 120 Motion to Withdraw as Attorney. Attorney Jonathon Michael Watson terminated, by Magistrate Judge Michael J. Watanabe on 2/12/2014. Text Only Entry(mjwcd) (Entered: 02/12/2014)
2/12/2014 Court MEMORANDUM regarding 120 Unopposed MOTION to Withdraw as Attorney filed by 2nd Amendment Gunsmith & Shooter Supply, LLC, Green Mountain Guns, Goods for the Woods, Specialty Sports & Supply, Jerry’s Outdoor Sports, USA Liberty Arms, Rocky Mountain Shooters Supply, Burrud Arms Inc.Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 2/12/14. Text Only Entry (msksec, ) (Entered: 02/12/2014)
2/11/2014 Plaintiff Unopposed Motion to Withdraw as Plaintiffs Attorney
1/31/2014 Plaintiff Proposed Pretrial Order
1/15/2014 Plaintiff Joint Fed. R. Evid. 702 Motion to Strike Expert Opinions
1/3/2014 Defendant Answer and Objections to Fourth Amended Complaint for Declaratory and Injunctive Relief
12/23/2013 Plaintiff Fourth Amended Complaint for Declaratory and Injunctive Relief
12/19/2013 Court MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 12/19/2013. 104 Motion for Joinder is GRANTED in part and DENIED in part; 105 Motion for Leave to Restrict is DENIED, but the exhibits will remain under restriction. Proposed Pretrial Order due by 1/31/2014; Final Pretrial Conference set for 2/20/2014 03:00 PM; Bench Trial (10 days) set for 3/31/2014 – o4/04/14 and 04/07/2014 – 04/11/2014 at 08:30 AM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Other matters addressed or deadlines imposed are set forth in the Minutes. Court Reporter: Terri Lindblom.
12/19/2013 Plaintiff NOTICE of Change of Address/Contact Information by Richard A. Westfall (Westfall, Richard)
12/18/2013 Plaintiff Reply to Response re Motion for Joinder and for Leave to File Amended Complaint, and Motion for Leave to File Substitute Third Amended Complaint
12/18/2013 Defendant Defendant’s Response to Motion for Joinder and for Leave to File Amended Complaint
12/17/2013 Plaintiff Notice of Revision of Motion for Leave to Restrict
12/12/2013 Plaintiff Counsel’s Notice Concerning Unavailability for December 19 Non-Evidentiary Hearing
12/12/2013 Court ORDER: The motions filed at 104 and 105 will be heard at the Law and Motion hearing set for 12/19/2013 at 03:00 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger. By Chief Judge Marcia S. Krieger on 12/12/2013. Text Only Entry (msklc3)
12/12/2013 Court ORDER denying 102 Motion to Amend/Correct/Modify. Having reviewed the Second Amended Complaint, the Court finds that under the standards of Ashcroft v. Iqbal, 556 U.S. 663 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), there is no plausible claim stated by any individual currently serving as sheriff. Therefore, no further clarification or modification of the Courts November 27, 2013, Order 96 on the Motion to Dismiss is appropriate. The motion is DENIED. By Chief Judge Marcia S. Krieger on 12/12/2013. Text Only Entry(msklc3,)
12/11/2013 Plaintiff Exhibits in Support of 62 Amended Complaint, by Plaintiffs 2nd Amendment Gunsmith & Shooter Supply, LLC, David Bayne, Burrud Arms Inc., Colorado Farm Bureau, Colorado Outfitters Association, Colorado State Shooting Association, Colorado Youth Outdoors, Goods for the Woods, Grand Prix Guns, Green Mountain Guns, Hamilton Family Enterprises, Inc., Dylan Harrell, Jerry’s Outdoor Sports, Magpul Industries, National Shooting Sports Foundation, Outdoor Buddies, Inc., Rocky Mountain Shooters Supply, Specialty Sports & Supply, David Strumillo, USA Liberty Arms, Women for Concealed Carry. (Public Entry for 106 Restricted Document – Level 1) (Text only entry) (klyon,)
12/11/2013 Plaintiff RESTRICTED DOCUMENT – Level 1: by Plaintiffs Jim Beicker, Rick Besecker, Ronald Bruce, David Campbell, James (Jim) Casias, Miles Clark, John B. Cooke, James Crone, Douglas Darr, Chad Day, Rick Dunlap, David Encinias, Mike Ensminger, James Faull, Rod Fenske, Scott Fischer, Forrest Frazee, Peter Gonzalez, Bruce W. Hartman, Shayne Heap, Stan Hilkey, Fred Hosselkus, Tim Jantz, Fred Jobe, Chris S. Johnson, Rodney Johnson, Donald Krueger, Larry Kuntz, Sue Kurtz, Terry Maketa, Jerry Martin, Dominic Mattivi, Jr, Fred D. McKee, Amos Medina, Ted B. Mink, John Minor, Tom Nestor, Bruce Newman, Mike Norris, Brian E. Norton, Randy Peck, Brett L. Powell, Ken Putnam, Tom Ridnour, Grayson Robinson, Duke Schirard, Justin Smith, Dennis Spruell, Dave Stong, David Strumillo, Charles “Rob” Urbach, Lou Vallario, David A. Weaver, Fred Wegener, Garrett Wiggins, Si Woodruff.. Motions due by 12/30/2013. (Attachments: # 1 Exhibit Exhibit B. Sheriff Declarations)(Kopel, David)
12/11/2013 Plaintiff Motion for Leave to Restrict
12/11/2013 Plaintiff Motion for Joinder and for Leave to File Amended Complaint
12/10/2013 Plaintiff Counsel’s Notice Concerning Unavailability for December 19 Non-Evidentiary Hearing
12/9/2013 Plaintiff Plaintiffs’ Unopposed Motion to Alter or Amend Order (#96) On Motion to Dismiss
12/9/2013 Court ORDER granting 97 Motion for Extension of Time. The motion is GRANTED until a date to be determined at the law and motion hearing set for 12/19/2013. By Chief Judge Marcia S. Krieger on 12/09/13. Text Only Entry(msklc3,)
12/9/2013 Court ORDER AMENDING 99 Order: Pursuant to Fed. R. Civ. P. 16(a) and (c), the parties shall be prepared to address (1) whether any (and if so, what) matter is appropriate for consideration under Rule 56, (2) how summary adjudication under Rule 56 would streamline or avoid trial, (3) what issues or claims should be tried, (4) whether a separate trial under Rule 42(b) is appropriate for any claim, (5) when a proposed final pretrial order should be submitted and a final pretrial conference held, and (6) any other way the just, speedy, and inexpensive disposition of the action may be accomplished. by Chief Judge Marcia S. Krieger on 12/9/13. Text Only Entry (msksec,)
12/9/2013 Court ORDER AND NOTICE OF LAW AND MOTION HEARING: The following matter is set for a non-evidentiary hearing on the law and motion calendar for 12/19/2013 at 03:00 PM in Courtroom A 901 before Chief Judge Marcia S. Krieger. Counsel shall bring their calendars and be prepared to address the 97 MOTION for Extension of Time to File Dispositive Motions filed by John W. Hickenlooper. by Chief Judge Marcia S. Krieger on 12/9/13. Text Only Entry (msksec,)
12/6/2013 Plaintiff Plaintiffs’ Response to Defendant’s Motion for Extension of Dispositive Motion Deadline
12/4/2013 Defendant Motion for Extension of Dispositive Motion Deadline
11/27/2013 Court Opinion and Order Granting In Part and Denying in Part Defendant’s Motion to Dismiss
11/12/2013 Court MINUTE ORDER granting 93 defendant’s Unopposed Motion for Extension of Discovery Deadline. Scheduling Order 36 is amended. Discovery due by 11/13/2013. By Magistrate Judge Michael J. Watanabe
11/12/2013 Deposition Deposition Transcript of Burrud Arms, Inc. d_b_a Jensen Arms by_through John William Burrud
11/12/2013 Deposition Deposition Transcript of Rocky Mountain Shooters Supply by_through Timothy Brough
11/7/2013 Defendant Unopposed Motion for Extension of Discovery Deadline
11/6/2013 Deposition Deposition Transcript of Expert Witness Douglas Fuchs
11/6/2013 Deposition Deposition of Patricia Maisch
11/5/2013 Deposition Deposition Transcript of Expert Witness John C. Cerar
11/1/2013 Defendant Governors Reply to Amicus Brief of Board of County Commissioners of Mesa County
10/31/2013 Deposition Deposition Transcript of Michael Shain
10/31/2013 Deposition Deposition of Jeffrey Zax
10/29/2013 Deposition Deposition Transcript for Massad Ayoob Vol. II
10/29/2013 Deposition Deposition Transcript of Massad Ayoob Volume I
10/28/2013 Court ORDER granting 82 Defendant Hickenlooper’s Motion for Protective Order. Plaintiffs are not permitted to take the deposition of Defendant Governor John W. Hickenlooper; each party shall pay their own attorney fees and costs for this motion, by Magistrate Judge Michael J. Watanabe on 10/28/2013.(mjwcd)
10/25/2013 Deposition Deposition Transcript of Gary Kleck Volume II
10/25/2013 Deposition Deposition Transcript of Gary Kleck Volume I
10/25/2013 Court ORDER granting 89 Unopposed Motion for Extension of Time to Respond to Mesa County Commissioners’ Amicus Brief. Extension granted up to and including November 1, 2013. by Chief Judge Marcia S. Krieger on 10/25/13. Text Only Entry(msksec)
10/24/2013 Defendant Unopposed Motion for Extension of Time to File Response to Amicus Brief
10/18/2013 Deposition Deposition Transcript of Kevin Davis
10/10/2013 Deposition Deposition of Daniel W. Webster
10/10/2013 Court ORDER granting 68 Motion for Leave to File an Amicus Brief. No opposition having been interposed, the Motion is GRANTED. The Defendant shall have 14 days in which to supplement its Reply to address this Brief. by Chief Judge Marcia S. Krieger on 10/10/2013. Text Only Entry(msk,)
10/8/2013 Defendant Reply In Support of Motion for Protective Order
10/4/2013 Plaintiff Plaintiffs’ Response to Defendant’s Motion for Protective Order
9/26/2013 Court Courtroom Minutes – Minute Order re Status Conference
9/25/2013 Defendant MEMORANDUM regarding 82 MOTION for Protective Order filed by John W. Hickenlooper. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 9/25/13. Text Only Entry (msksec,) (Entered: 09/25/2013)
9/25/2013 Defendant Entry of Appearance of Stephanie Lindquist Scoville
9/25/2013 Defendant Joint Motion for Protective Order
9/25/2013 Court Trial Preparation Order – Civil
9/23/2013 Court MINUTE ORDER Due to an unexpected conflict, Status Conference 9/23/2013 02:30 PM is vacated. Status Conference reset for 9/26/2013 09:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 9/23/2013. (mjwcd) (Entered: 09/23/2013)
9/20/2013 Plaintiff Plaintiffs’ Response to Unopposed Motion for Discovery Conference with Magistrate Judge
9/17/2013 Court MINUTE ORDER granting 76 Unopposed Motion for Discovery Status Conference With Magistrate Judge. A Discovery StatusConference shall be held on Monday, 9/23/2013, at 2:30 p.m. beforeMagistrate Judge Watanabe in Courtroom A-502, Fifth Floor, Alfred A. Arraj U.S.Courthouse, 901 19th Street, Denver, Colorado 80294. By Magistrate Judge Michael J. Watanabe on 9/17/2013.(klyon, ) (Entered: 09/17/2013)
9/17/2013 Court MEMORANDUM regarding 76 Unopposed MOTION for Hearing/Conference filed by John W. Hickenlooper. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 9/17/13. Text Only Entry (msksec,) (Entered: 09/17/2013)
9/17/2013 Defendant Unopposed Motion for Discovery Status Conference With Magistrate Judge
9/5/2013 Defendant Reply In Support of Motion to Dismiss Plaintiffs’ Claims Two, Three, and Four, and to Dismiss Sheriffs As Plaintiffs Acting in Their Official Capacities
8/28/2013 Defendant Minute Order Granting Governor’s Unopposed Motion to Amend Scheduling Order
8/28/2013 Defendant Entry of Appearance for Molly Allen Moats
8/28/2013 Defendant MEMORANDUM regarding 71 Unopposed MOTION for Extension of Time to Amend Scheduling Order with Respect to Deadline for Rebuttal Expert Reports filed by John W. Hickenlooper. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 8/28/13. Text Only Entry (msksec, ) (Entered: 08/28/2013)
8/27/2013 Defendant Governor’s Unopposed Motion to Amend Scheduling Order With Respect to Deadline for Rebuttal Expert Reports
8/22/2013 Plaintiff Fifty-Five Colorado Sheriffs’ Response to Defendant’s Motion to Dismiss Them In Their Official Capacities
8/22/2013 Plaintiff Plaintiffs’ Response to Defendant’s Motion to Dismiss
8/22/2013 Amici Board of County Commissioners of Mesa County, Colorado’s Motion to File Amicus Curiae Brief In Opposition to Defendant’s Motion to Dismiss Sheriffs as Plaintifs Acting In Their Official Capacity
8/9/2013 Plaintiff Entry of Appearance for Jonathon M. Watson
8/2/2013 Plaintiff Plaintiffs’ Expert Disclosures
8/1/2013 Defendant Answer to Second Amended Complaint for Declaratory and Injunctive Relief
8/1/2013 Defendant Motion to Dismiss Plaintiffs’ Claims Two, Three, and Four, and to Dismiss Sheriffs as Plaintiffs Acting In Their Official Capacity
7/24/2013 Defendant Entry of Appearance for John T. Lee
7/18/2013 Plaintiff Second Amended Complaint for Declaratory and Injunctive Relief
7/17/2013 ORDER denying 26 Motion for Order for Certification of Questions to the Colorado Supreme Court. The Defendant requests that two questions be certified to the Colorado Supreme Court, seeking an interpretation of HB-1224: (1) does the bills definition of large-capacity magazine amount to a ban on functional magazines for most handguns and many rifles, or does it apply only to magazines that are principally used with extensions or devices that increase the combined capacity to more than 15 rounds, and (2) does the grandfather clause contained in HB 13-1224, which applies when an owner maintains continuous possession of a large capacity magazine after July 1, 2013, apply when the owner allows another person to temporarily hold, use, or share it for lawful purposes? This Court may, in its discretion, certify questions to the Colorado Supreme Court under Colorado Appellate Rule 21.1. The rule permits certification if there is involved in any proceeding before it questions of law of this state which may be determinative of the cause then pending in the certifying court and as to which it appears to the certifying court there is no controlling precedent in the decisions of the Supreme Court. Colo.R.App.P. 21.1. The Court recognizes that there are unsettled questions of law at issue in this case. However, the Court declines to certify these questions. In light of the nature of the challenges brought and the context of the case as a whole, the Court finds that clarification by the Colorado Supreme Court on the specific questions posed will not be outcome-determinative of the case. Accordingly, 26 Motion for Certification of Questions of Law to the Colorado Supreme Court is DENIED. by Chief Judge Marcia S. Krieger on 7/17/2013. Text Only Entry(msk, ) (Entered: 07/17/2013)
7/12/2013 ORDER granting 59 Motion to Withdraw Document. The Motion to Withdraw is GRANTED, and 29 Motion for Preliminary Injunction is hereby WITHDRAWN. The Clerk of Court shall amend the docket accordingly. By Chief Judge Marcia S. Krieger on 07/12/2013. Text Only Entry(msklc3, ) (Entered: 07/12/2013)
7/11/2013 Plaintiff Unopposed Motion to Withdraw Plaintiffs’ Motion for Preliminary Injunction
7/10/2013 Court ORDER granting 43 Motion to Amend/Correct/Modify Amended Complaint. By Chief Judge Marcia S. Krieger on 07/10/2013. Text Only Entry(msklc3,) (Entered: 07/10/2013)
7/10/2013 Court MINUTE ENTRY for hearing held before Chief Judge Marcia S. Krieger on 7/10/2013. 56 Stipulated Motion for Preliminary Injunction is WITHDRAWN. For the reasons stated on the record, there will be no hearing on the Motion for Preliminary Injunction (Doc. #29). Court Reporter: Terri Lindblom. (mskcd) (Entered: 07/10/2013)
7/9/2013 Plaintiff Stipulated Motion to Enter Preliminary Injunction and Withdraw Plaintiffs’ Motion for Preliminary Injunction
7/9/2013 Court ORDER CORRECTING 54 Order: The hearing date cited is incorrect. The hearing remains set for July 10, 2013, at 9:00 a.m. by Chief Judge Marcia S. Krieger on 7/9/13. Text Only Entry (msksec, ) (Entered: 07/09/2013)
7/9/2013 Court ORDER WITH REGARD TO HEARING ON PRELIMINARY INJUNCTION MOTION SCHEDULED FOR JULY 11: The hearing will begin at 9:00 a.m. and conclude on or before 5:00 p.m. For purposes of the presentation at this hearing, the Movant(s), collectively, will be deemed a party and should coordinate their presentation. The Movant(s), on one hand, and the Respondent, on the other hand, shall each have three hours for presentation, including opening statements, presentation of evidence (direct, cross and re-direct examination), and closing arguments. The allocation of such time is entirely within the discretion of the party. If more than one attorney for a Movant wishes to examine a witness, the examination will be limited to questions not already asked by an attorney for another Movant. The time utilized for any evidentiary objections will be attributed to the party making them. The time used for any rulings will be divided equally between the parties. Time will be calculated on a chess clock by the Courtroom Deputy. Parties may confer with the Courtroom Deputy as to how much time they have consumed or have remaining. At the close of the hearing, the Court anticipates taking the matter under advisement and issuing a written ruling. by Chief Judge Marcia S. Krieger on 7/9/13. Text Only Entry (msksec, ) (Entered: 07/09/2013)
7/8/2013 Plaintiff Stipulation of Undisputed Facts
7/8/2013 Plaintiff Joint Exhibit List
7/8/2013 Plaintiff Witness List
7/8/2013 Court Stipulated Protective Order
7/8/2013 Court Minute Order Granting Motion for Protective Order
7/8/2013 Court MEMORANDUM regarding 47 Joint MOTION for Protective Order filed by 2nd Amendment Gunsmith & Shooter Supply, LLC, David Campbell, John Minor, Colorado Farm Bureau, Bruce Newman, Ronald Bruce, Dominic Mattivi, Jr., David Strumillo, Burrud Arms Inc., Tim Jantz, Chad Day, David Encinias, John B. Cooke, Grand Prix Guns, Larry Kuntz, Mike Norris, Colorado Youth Outdoors, Bruce W. Hartman, Randy Peck, Chris S. Johnson, Outdoor Buddies, Inc., Mike Ensminger, Stan Hilkey, Colorado Outfitters Association, Rocky Mountain Shooters Supply, Peter Gonzalez, Donald Krueger, Scott Fischer, Grayson Robinson, Specialty Sports & Supply, David Bayne, Justin Smith, Fred Hosselkus, Jim Beicker, Brett L. Powell, Colorado State Shooting Association, Goods for the Woods, Dave Stong, Charles “Rob” Urbach, Rod Fenske, Ted B. Mink, Garrett Wiggins, Fred Jobe, Ken Putnam, Women for Concealed Carry, Tom Ridnour, Si Woodruff, Jerry Martin, Hamilton Family Enterprises, Inc., John W. Hickenlooper, Brian E. Norton, Rick Dunlap, James (Jim) Casias, Rick Besecker, James Crone, Miles Clark, National Shooting Sports Foundation, Sue Kurtz, Amos Medina, Douglas Darr, Green Mountain Guns, Duke Schirard, Lou Vallario, Jerry’s Outdoor Sports, Dylan Harrell, USA Liberty Arms, Forrest Frazee, Magpul Industries, Fred D. McKee, Fred Wegener, Dennis Spruell, James Faull, Terry Maketa, David A. Weaver, Shayne Heap, Tom Nestor. Motions referred to Magistrate Judge Michael J. Watanabe by Chief Judge Marcia S. Krieger on 7/8/13. Text Only Entry (msksec, ) (Entered: 07/08/2013)
7/5/2013 Plaintiff Joint Motion for Protective Order
7/1/2013 Plaintiff Plaintiffs’ Unopposed Motion for Leave to File an Amended Complaint
7/1/2013 Court ORDER: Having reviewed the briefing found at 29, 37, 40, and 41, and upon the current showing, the Court declines to impose an injunction until the parties have an opportunity to present evidence at the hearing scheduled for July 10, 2013. By Chief Judge Marcia S. Krieger on 07/01/2013. Text Only Entry (msklc3,)
6/27/2013 Plaintiff Plaintiffs’ Reply In Support of Motion for Preliminary Injunction and Temporary Restraining Order
6/24/2013 Defendant Governor’s Brief In Opposition to Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction [Docs. 29 and 37]
6/21/2013 Defendant Governor’s Reply In Support of Motion to Certify Questions to the Colorado Supreme Court
6/20/2013 Court CERTIFICATE of Service re: 37 Brief in Support of Motion,,,,, by Plaintiffs 2nd Amendment Gunsmith & Shooter Supply, LLC, David Bayne, Jim Beicker, Rick Besecker, Ronald Bruce, Burrud Arms Inc., David Campbell, James (Jim) Casias, Miles Clark, Colorado Farm Bureau, Colorado Outfitters Association, Colorado State Shooting Association, Colorado Youth Outdoors, John B. Cooke, James Crone, Douglas Darr, Chad Day, Rick Dunlap, David Encinias, Mike Ensminger, James Faull, Rod Fenske, Scott Fischer, Forrest Frazee, Peter Gonzalez, Goods for the Woods, Grand Prix Guns, Green Mountain Guns, Hamilton Family Enterprises, Inc., Dylan Harrell, Bruce W. Hartman, Shayne Heap, Stan Hilkey, Fred Hosselkus, Tim Jantz, Jerry’s Outdoor Sports, Fred Jobe, Chris S. Johnson, Donald Krueger, Larry Kuntz, Sue Kurtz, Magpul Industries, Terry Maketa, Jerry Martin, Dominic Mattivi, Jr, Fred D. McKee, Amos Medina, Ted B. Mink, John Minor, National Shooting Sports Foundation, Tom Nestor, Bruce Newman, Mike Norris, Brian. Norton, Outdoor Buddies, Inc., Randy Peck, Brett L. Powell, Ken Putnam, Tom Ridnour, Grayson Robinson, Rocky Mountain Shooters Supply, Duke Schirard, Justin Smith, Specialty Sports & Supply, Dennis Spruell, Dave Stong, David Strumillo, USA Liberty Arms, Charles “Rob” Urbach, Lou Vallario, David A. Weaver, Fred Wegener, Garrett Wiggins, Women for Concealed Carry, Si Woodruff. (Colin, Marc)
6/20/2013 Plaintiff Supplemental Brief Regarding Plaintiff’s Standing and Other Issues Raised By The Court
6/18/2013 Court Scheduling Order
6/18/2013 Plaintiff Plaintiffs Proposed Civil Scheduling Order
6/17/2013 Court Courtroom Minutes re Law and Motion Hearing
6/17/2013 Plaintiff Plaintiffs Civil Scheduling Order
6/14/2013 Plaintiff Plaintiffs’ Response to Defendant’s Motion for Certification of Questions of Law to the Colorado Supreme Court
6/13/2013 Court ORDER SETTING HEARING: The Court will conduct a non-evidentiary law and motion hearing on the Plaintiffs’ Motion for Temporary Restraining Order and Preliminary Injunction 29 on 6/17/2013 at 04:30 PM. The parties shall be prepared to address: (i) whether determination of any provisional injunctive relief should be consolidated with an expedited trial on the merits pursuant to Fed. R. Civ. P 65(a)(2); (ii) what factual issues relevant to the applicable preliminary injunction factors are in dispute, such that an evidentiary hearing is necessary; and (iii) to the extent an evidentiary hearing is necessary, how much time is necessary for that hearing. By Chief Judge Marcia S. Krieger on 6/13/13. Text Only Entry (msklc2)
6/13/2013 Court Courtroom Minutes_Minute Order re Telephonic Status Conference
6/12/2013 Plaintiff Motion for Temporary Restraining Order and for Preliminary Injunction
6/11/2013 Court Minute Order re Telephonic Status Conference
6/10/2013 Court Courtroom Minutes_Minute Order re Rule 16 (b) Scheduling Conference
6/10/2013 Defendant Governor’s Motion for Certification of Questions of Law to the Colorado Supreme Court
6/7/2013 Defendant Answer to First Amended Complaint for Declaratory and Injunctive Relief
6/7/2013 Plaintiff Proposed Civil Scheduling Order
6/6/2013 Defendant Defendants Attorney Kathleen L. Spalding Entry of Appearance
5/31/2013 Plaintiff Colorado Case_First Amended Complaint for Declaratory and Injunctive Relief
5/30/2013 Court Minute Order Rescheduling Scheduling Conference
5/30/2013 Court Courtroom Minutes_Minute Order re Status Conference
5/28/2013 Plaintiff Plaintiffs Attorney Jonathan M. Anderson Entry of Appearance
5/28/2013 Court ORDER REGARDING CUSTODY OF EXHIBITS AND DEPOSITIONS USED IN EVIDENTIARY HEARINGS AND TRIALS: Any exhibits and depositions used during evidentiary hearings or trials, counsel for the parties shall retrieve the originals of such exhibits and depositions from the Court following the evidentiary hearing or trial, and shall retain same for 60 days beyond the later of the time to appeal or conclusion of any appellate proceedings. The Court will retain its copy of the exhibits for the same time period after which the documents will be destroyed. by Chief Judge Marcia S. Krieger on 5/28/13. Text Only Entry (mskcd)
5/28/2013 Plaintiff Second Amended Plaintiffs Attorney Marc F. Colin Entry of Appearance
5/23/2013 Plaintiff Plaintiffs Attorney Anthony J. Fabian Entry of Appearance
5/23/2013 Plaintiff Amended Plaintiffs Attorney Marc F. Colin Entry of Appearance
5/23/2013 Plaintiff Plaintiffs Attorney Marc F. Colin Entry of Appearance
5/23/2013 Plaintiff Plaintiffs Attorney Peter J. Krumholz Entry of Appearance
5/22/2013 Court Notice of Disclosure
5/22/2013 Court Minute Order Setting Status Conference
5/22/2013 Court ORDER REFERRING CASE to Magistrate Judge Michael J. Watanabe: IT IS ORDERED that pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this matter is referred to the assigned United States Magistrate Judge to:(1)Convene a scheduling conference under Fed. R. Civ. P. 16(b), enter a Scheduling Order meeting the requirements of D.C.COLO.LCivR 16.2, enter such orders as appropriate to enforce the Scheduling Order, and resolve discovery matters;(2)ADR: Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, the Court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding;(3)Hear and determine referred matters in accordance with 28 U.S.C. § 636(b)(1)(A) and (B). by Chief Judge Marcia S. Krieger on 5/22/13. Text Only Entry (msksec)
5/22/2013 Defendant Defendants Attorney Jonathan P. Fero Entry of Appearance
5/22/2013 Defendant Defendants Attorney Daniel D. Domenico Entry of Appearance
5/22/2013 Defendant Defendants Attorney David C. Blake Entry of Appearance
5/22/2013 Defendant Defendants Attorney Matthew D. Grove Entry of Appearance
5/21/2013 Defendant Waiver of the Service of Summons
5/17/2013 Court Consent to Magistrate Judge & Availability of Magistrate Judge
5/17/2013 Court Case assigned to Chief Judge Marcia S. Krieger and drawn to Magistrate Judge Michael J. Watanabe. Text Only Entry (dbera)
5/17/2013 Plaintiff Complaint for Declaratory and Injunctive Relief