Birdt v. Beck

 U.S. Circuit Court of Appeal for the Ninth Circuit

Court of Appeals Docket #: 12-55115 Docketed: 01/17/2012
Nature of Suit: 3440 Other Civil Rights
Jonathan Birdt v. Charlie Beck, et al
Appeal From: U.S. District Court for Central California, Los Angeles

Summary/Issues: 2A; CCW; Suit Against LA Sheriff’s Dept and LAPD, challenging CCW issuance in Los Angeles County. 

Filing Date Filing Party Document Description
11.18.2014 Court Order Appellant’s Request to Lift Stay and Remand Action
11.12.2014 Appellant Appellant’s Request to Lift Stay and Remand Action
2.18.2014 Court Court Order Staying Proceedings Pending Outcome of Peruta v. County of San Diego
12.4.2012 Amici Amicus Curiae Law Center to Prevent Gun Violence Citation of Supplemental Authority re Kachalsky v. Cacace
11.13.2012 Court Received 7 paper copies of Amicus brief [32] filed by Brady Center to Prevent Gun Violence and Major Cities Chiefs Association. [8408535] (DB)
11.9.2012 Court Received 7 paper copies of Amicus brief [36] filed by Law Center to Prevent Gun Violence. [8396505] (SD)
11.8.2012 Court Received 7 paper copies of Reply brief [28] filed by Jonathan Birdt. [8395465] (SD)
11.8.2012 Court Filed clerk order (Deputy Clerk: CAG): The Law Center to Prevent Gun Violence’s (“The Law Center”) motion for leave to file copies of the amicus brief in hyperlinked format on cd-rom is denied. Within 7 days after the date of this order The Law Center shall comply with the court’s November 7 order. The Law Center may in addition to the paper copies file a copy of the brief in hyperlinked format on cd-rom.
11.7.2012 Court Motion for Leave to File Copies of Amicus Curiae Brief in Hyperlinked Format on CD-Rom
11.7.2012 Court Filed clerk order (Deputy Clerk: DTO): The motion by amici curiae for leave to file amici briefs are referred to the merits panel. Within 7 days of this order, amici curiae are ordered to file 7 copies of the brief in paper format, with a red cover, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available on the Court’s website, www.ca9.uscourts.gov, at the Electronic Filing – ECF link. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The paper copies shall be submitted to the principal office of the Clerk. For regular U.S. mail, the address is: P.O. Box 193939, San Francisco, CA 94119-3939. For overnight mail, the address is 95 Seventh Street, San Francisco, CA 94103-1526.
11.7.2012 Court Entered appearance of Amicus Curiae – Pending Law Center to Prevent Gun Violence.
11.5.12 Amici Motion for Leave to File Amicus Curiae Brief Law Center to Prevent Gun Violence
11.2.12 Appellee Appellees’ Joint Request for Oral Argument
10.31.12 Amici Amici Curiae Brady Center to Prevent Gun Violence and Major Cities Chiefs Associatisons Brief in Support of Defendants
10.30.12 Appellant Appellants’ Request to Submit Case Without Oral Argument
10.30.12 Appellee Appellees’ Answering Brief
10.9.12 Court Order Granting Appellees Los Angeles Police Chief Charlie Beck and Los Angeles Police Department Extension of Time to File Answering Brief
9.24.12 Court Received 7 paper copies of Answering brief [20] filed by Lee Baca and Los Angeles County Sheriffs Department.
9.24.12 Court Received 7 paper copies of Reply brief [22] filed by Jonathan Birdt.
9.20.12 Court Filed clerk order: The reply brief [22] submitted by Jonathan Birdt is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: not applicable. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF.
9.20.12 Appellant’s Appellants’ Reply Brief
9.19.12 Court Filed clerk order: The answering brief [20] submitted by Lee Baca and Los Angeles County Sheriffs Department is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF.
9.18.12 Court Submitted (ECF) Answering brief for review. Submitted by Appellees Lee Baca and Los Angeles County Sheriffs Department. Date of service: 09/18/2012.
9.18.12 Appellees Appellees Brief of The LASD Defendants
9.14.12 Appellees Motion For Extension of Time To File Appellees’ Answering Brief; Declaration of KJehl T. Johansen
8.25.12 Appellant Correspondence to Court Request to Consolidate and Expedite Birdt, Thompson and Raulinaitis Cases
10.9.12 Court Order Re Granting Motion for Extension of Time to File Answering Brief
7.12.12 Appellees Birdt v. Beck_Motion for Extension of Time to File LASD Appellees Answering Brief; Declaration of Jennifer A.D. Lehman
7.6.12 Appellees Motion for Extension of Time to File Appellees’ Answering Brief; Declaration of Kjehl T. Johansen
7.5.12 Appellant Motion to Consolidate Cases; Adance Answer Dates and Opposition to Request for Extension of Time
6.7.12 Court Received 7 paper copies of Opening brief filed by Jonathan Birdt. [8206335] (SD)
6.1.12 Appellant Filed Appellant Jonathan Birdt excerpts of record in 3 volumes. Served on 05/26/2012. [8200196] (WP)
5.31.12 Court Filed clerk order: The opening brief submitted by Jonathan Birdt is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8196616] (WP)
5.26.12 Appellant Appellants’ Opening Brief
2.16.12 Court Bill of Costs
 1.30.12 Court Filed order MEDIATION (VLS): Based on a review of the Mediation Questionnaire, this case is not selected for inclusion in the Mediation Program. The existing briefing schedule remains in effect. Counsel for any party interested in obtaining assistance from the court in pursuing settlement of the case on appeal or learning more about the Mediation Program is encouraged to contact Stephen Liacouras, Circuit Mediator, by e-mail stephen_liacouras@ca9.uscourts.gov or fax at (415) 355-8566. The communication will be kept confidential, if requested, from the other parties in the case. Counsel are requested to send copies of this order to their clients. [8049083] (WL)
 1.27.12 Court Added attorney Jennifer Ann Delgado Lehman for Lee Baca Los Angeles County Sheriffs Department, in case 12-55115. [8047209] (EL)
1.27.12 Appellees Filed (ECF) notice of appearance of Jennifer A.D. Lehman for Appellees Lee Baca and Los Angeles County Sheriffs Department. Date of service: 01/27/2012. [8047196] (JAL)
1.26.12 Court Attorneys Elizabeth A. Mitchell & Wendy Shapero substituted by Attorney Kjehl Thomas Johansen. [8046228] (EL)
1.26.12 Appellees Filed (ECF) notice of appearance of Kjehl T. Johansen for Appellees Charlie Beck and Los Angeles Police Department. Date of service: 01/26/2012. [8046206] (KTJ)
1.18.12 Appellant Filed (ECF) Appellant Jonathan Birdt Mediation Questionnaire. Date of service: 01/18/2012. [8034700] (JB)
1.18.12 Court Added attorney Jonathan Birdt for Jonathan Birdt, in case 12-55115. [8034684] (EL)
1.17.12 Appellant Filed (ECF) notice of appearance of Jonathan W. Birdt for Appellant Jonathan Birdt. Date of service: 01/17/2012. [8034529] (JB)
1.17.12 Court DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/24/2012. Transcript ordered by 02/13/2012. Transcript due 05/14/2012. Appellant Jonathan Birdt opening brief due 06/25/2012. Appellees Lee Baca, Charlie Beck, Los Angeles County Sheriffs Department, Los Angeles Police Department answering brief due 07/25/2012. Appellant’s optional reply brief is due 14 days after service of the answering brief. [8033078] (BG)
2.16.12 Court Bill of Costs Taxed
1.30.12 Defendant Bill of Costs
1.30.12 Defendant Notice of Application to the Clerk to Tax Costs
1.20.12 Defendant LASD Reply to Plaintiff’s Opposition to Relating Cases_Raulinaitis v. LASD
1.20.12 Defendant LASD Reply to Plaintiff’s Opposition to Relating Cases
1.19.12 Plaintiff Opposition to Request to Relate Cases
1.18.12 Defendant Notice of Related Cases_Raulinaitis v. L.A.
1.18.12 Defendant Notice of Related Cases
1.17.12 Court Notification by Circuit Court of Appellate Docket 12-55115 Re Notice of Appeal
1.14.12 Appellant Notice of Appeal
1.13.12 Court Order Re Plaintiff’s and Defendants’ Motion for Summary Judgment
1.8.12 Plaintiff Plaintiff’s Request for Ruling on Motion for Summary Judgment
10.24.11 Court Minutes Re In Chambers Orders Takin October 31, 2011 Status Conference Off Calendar
9.19.11 Court Minutes Re Final Pretrial Conference
8.24.11 Defendants Stipulation Vacating All Dates and Deadlines
8.11.11 Court Notice to Filer of Deficiencies In Electronically Filed Documents
8.9.11 Defendants Declaration of Julie Basco In Support of Defendants’ Motion for Summary Judgment
8.9.11 Defendants Supplemental Declaration of Franklin Zimring In Support of Defendants’ Motion for Summary Judgment
6.17.11 Court Order on Jury_Court Trial
5.25.11 Court Initial Standing Order for Cases Assigned to Judge John A. Kronstadt
5.17.11 Plaintiff Corrected Objection to Defendants Supplemental Authority
5.17.11 Plaintiff Objection to Defendants Supplemental Authority
5.17.11 Defendants Notice of Recent Decision Granting Summary Judgment to County of Yolo
5.6.11 Defendants Order Waiving Oral Arguments on Motions for Summary Judgment and Non-Opposition to Brady Amicus Motion
5.4.11 Court Minute In Chambers Order re Transfer of Case to John Kronstadt
5.4.11 Court Minute In Chambers Order re Transfer of Case to John Kronstadt
5.2.11 Plaintiffs Reply to Motion for Summary Judgment
5.2.11 Defendants Response in Support of Defendants’ Motion for Summary Judgment and Response to Plaintiff’s Objection re Declaration of Franklin Zimring
5.2.11 Defendants Defendants’ Objections to Plaintiffs’ Evidence In Support of Motion for Summary Judgment and Concurrent Opposition to Plaintiffs’ Motion for Summary Judgment
5.2.11 Defendants Notice of Lodging re Reply
5.2.11 Defendants Reply in Support of Motion for Summary Judgment and Concurrent Opposition to Plaintiff’s Motion for Summary Judgment
5.2.11 Defendants Objections in Opposition re Plaintiff’s Motion for Summary Judgment and Defendants’ Objections to Plaintiff’s Evidence
5.2.11 Defendants Opposition to Motion for Summary Judgment and Reply to Plaintiff’s Opposition to Motion for Summary Judgment
4.29.11 Court Order Accepting Document as Filed re Motion Related Document
4.29.11 Court Notice of Filer Deficiencies
4.28.11 Plaintiff Proposed Order re Motion for Summary Judgment
4.26.11 Court Order of the Chief Judge transferring case from Judge Klausner to Judge Kronstadt
4.28.11 Plaintiffs Reply ISO Motion for Summary 1.   Declaration of Lawrence Mudgett 2.  Declaration of Jonathan Birdt
4.28.11 Plaintiffs Joint Statement of Waiver of Oral Argument on Motions for Summary Judgment and Non-Opposition to Brady Filing
4.26.11 Court Order of the Chief Judge
4.25.11 Court Order re Vacating Settlement Conference
4.25.11 Plaintiff Statement Withdrawing Ex Parte Application
4.25.11 Plaintiff Plaintiff’s Joint Opposition to Defendants’ Motions for Summary Judgment 1.  Response to Defendant’s Separate Statement of Undisputed Facts 2.  Response to Defendant’s Amended Separate Statement of Undisputed Facts 3.  Notice of Objection to the Declaration of Franklin Zimring
4.25.11 Court Notice of Clerical Error
4.25.11 Defendants Stipulation to Vacate Settlement Conference
4.20.11 Brady Center to Prevent Gun Violence Application of Brady Center to Prevent Gun Violence to File Brief as Amicus Curiae
4.20.11 Defendants Notice of Lodging re Motion for Summary Judgment 1.  Defendants’ Amended Separate Statement of Undisputed Facts 2.  Declaration of Jennifer Lehman and Exhibit A 3.  Exhibit B, C, D, and E to Declaration of Jennifer Lehman
4.19.11 Court Order to Strike Electronically Filed Documents
4.19.11 Plaintiff Ex Parte Application to Strike Document
4.18.11 Plaintiff Ex Parte Application to Reschedule Defendants’ Motions for Summary Judgment to Allow Plaintiff to Conduct Necessary Discovery 1.  Memorandum re Request
4.18.11 Defendants Opposition to Motion for Summary Judgment
4.18.11 Defendants Notice of Motion and Motion for Summary Judgment 1.   Def. Statement of Facts 2.   Proposed Order 3.   Declaration of Elizabeth Mitchell 4.   Declaration of Richard Tompkins 5.   Declaration of Frank E. Zimring 6.   Declaration of Conrado Torrez 7.  Declaration of Rolf Embom
4.18.11 Defendants Statement of Undisputed Facts and Conclusions of Law; Evidence and Response to Plaintiff’s Separate Statement and Concurrent OPPOSITION to Plaintiff’s Motion for Summary Judgment
4.18.11 Defendants Motion for Summary Judgment and Concurrent Opposition to Plaintiff’s Motion for Summary Judgment
4.4.11 Court Protective Order Ordering that Plaintiff is Precluded from Taking the Deposition of LAPD Chief Charlie Beck
4.4.11 Defendants Reply in Support of Exparte Application for Order Preventing Plaintiff from Taking LAPD Chief Charlie Beck’s Deposition
4.1.11 Plaintiff Opposition to Ex Parte Application for Order Preventing Plaintiff from Taking LAPD Chief Charlie Beck’s Deposition
4.1.11 Defendants Ex Parte Application for Order Preventing Plaintiff from Taking LAPD Chief Charlie Beck’s Deposition
3.15.11 Court Order Regarding Settlement Conference
3.9.11 Court Minutes in Chambers Order
3.8.11 Court Order Denying Motion to Stay Case
3.8.11 Court Prder Granting Defendants Ex Parte Application to Continue the Hearing on the Motion for Summary Judgment
3.8.11 Court Order Granting Defendants Request for Additional Time to Oppose Plaintiff’s Motion for Summary Judgment
3.7.11 Defendants Ex Parte Application for Ruling on Defendants’ Requests for Continuance
3.3.11 Court Minute in Chamber Scheduling of Settlement Conference
3.3.11 Order Granting Notice and Request of Settlement Procedure Section
3.1.11 Plaintiff Opposition to Request for Continuance
3.1.11 Defendants Request to Continue Motion for Summary Judgment
3.1.11 Defendants Request to Continue Motion for Summary Judgment
2.16.11 Court Amended Order for Jury Trial
2.16.11 Court Order for Jury Trial
2.16.11 Defendants Reply in Support of Motion to Stay Case
2.15.11 Defendants Notice of Non-Opposition Motion to Stay-Case
2.14.11 Court Minutes of Scheduling Conference
2.14.11 Plaintiff Memorandum in Opposition to Motion to Stay Case
2.14.11 Defendants Request for Judicial Notice
2.14.11 Defendants Declaration of Elizabeth Mitchell ISO Motion to Stay Case
2.14.11 Defendants Notice of Motion and Motion to Stay Case
2.4.11 Defendants Joint Report Rule 26(f) Discovery Plan
1.27.11 Defendants Notice of Change of Attorney Information
1.10.11 Defendants Joint Report Rule 26(f) Plan
1.9.11 Plaintiff Supplement to Motion for Summary Judgment
1.9.11 Plaintiff Declaration of Jonathan Birdt ISO Motion for Summary Judgment
1.9.11 Plaintiff Notice and Request of Settlement Procedure Selection (sp1); Parties Request to Appear Before Magistrate Judge for Settlement Proceedings
1.7.11 Court Minute Order in Chambers
1.7.11 Court Minute In Chambers Notice to All Parties and Order
1.6.11 Plaintiff Notice and Request of Settlement Procedure Selection
1.4.11 Plaintiff Notice of Motion and Motion for Summary Judgment 1.  Memorandum of Points and Authorities 2.  Supplemental Separate Statement 3.  Declaration of Jonathan W. Birdt
1.2.11 Plaintiff Amended Memorandum of Points & Authorities in Support of Plaintiff’s Motion for Summary Judgment
12.30.10 Court Order Striking Plaintiff’s Motion for Summary Judgment for Failure to Comply with Local Rules
12.30.10 Plaintiff Plaintiff’s Notice of Motion and Motion for Summary Judgment

  1. Memorandum of Points & Authorities in Support of Plaintiff’s Motion for Summary Judgment
  2. Birdt Declaration in Support of Plaintiff’s Motion for Summary Judgment
  3. Separate Statement in Support of Plaintiff’s Motion for Summary Judgment
12.27.10 Court Notice to Plaintiff re Deficiencies in Notice of Rule 26(f) Meeting of Counsel
12.23.10 Plaintiff Notice of Rule 26(f) Meeting of Counsel
12.23.10 Plaintiff First Request to Dismiss Does 1-50
12.21.10 Defendants Beck & LAPD Certificate of Interested Parties
12.21.10 Defendants Beck and LAPD Answer to Amended Complaint
12.20.10 Defendant LAPD Certification as to Interested Parties
12.20.10 Defendant LAPD Answer to Amended Complaint with Jury Demand
12.17.10 Defendants Baca & LACSD Notice of Interested Parties
12.17.10 Defendants Baca & LACSD Answer to Amended Complaint
12.03.10 Plaintiff Notice of Change of Attorney Information
11.30.10 Plaintiff First Amended Complaint
11.12.10 Court Standing Order re Newly Assigned Cases
11.04.10 Plaintiff Certification and Notice of Interested Parties
11.04.10 Plaintiff Complaint