Pena v. Lindley

Ninth Circuit Court of Appeals

Pena et al v. Cid 2:09-cv-01185
Case Type: Other Statutes – Constitutionality of State Statutes (950)
Courthouse: California Eastern District
Court System: U. S. District Courts

Summary/Issues:

DateFiling PartyDocument
Ninth Circuit Court of Appeals 
11/04/2015CourtDocket Text:
Attorney Grace R. DiLaura in 15-15449 substituted by Attorney David H. Fry in 15-15449 [9745521] (RR
11/04/2015AmicusNotice of Re-Assignment of Counsel for Amicus Curiae Law Center to Prevent Gun Violence
11/04/2015CourtDocket Text:
Received 7 paper copies of Reply brief [43] filed by appellants. [9744654] (SD)
10/30/2015CourtOrder to File 7 Paper Copies of Reply Brief
10/29/2015AppellantsReply Brief
10/2/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [34] filed by Everytown for Gun Safety. [9705240] (SD)
10/1/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [33] filed by Los Angeles City Attorney’s Office. [9703641] (SD)
9/30/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [32] filed by Brady Center to Prevent Gun Violence. [9701816] (SD)
9/30/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [29] filed by Law Center to Prevent Gun Violence. [9701468] (SD)
9/30/2015CourtOrder for Los Angeles City Attorney’s Office to Submit Amicus Brief in Paper Format
9/30/2015CourtOrder for Los Angeles City Attorney’s Office to Submit Amicus Brief in Paper Format
9/30/2015CourtOrder for Everytown for Gun Safety to Submit Amicus Brief in Paper Format
9/30/2015CourtOrder for Brady Center to Prevent Gun Violence to Submit Amicus Brief in Paper Format
9/29/2015CourtDocket Text:
Entered appearance of Amici Curiae Brady Center to Prevent Gun Violence, Everytown for Gun Safety and Los Angeles City Attorney’s Office. [9699838] (KT)
9/28/2015AmicusBrief of Amicus Curiae Everytown for Gun Safety in Support of Appellee and Affirmance
9/28/2015AmicusBrief of Amicus Curiae Office of the Los Angeles City Attorney in Support of Defendant-Appellee
9/28/2015AmicusBrief of Brady Center to Prevent Gun Violence as Amicus Curiae in Support of Appellee and Affirmation
9/28/2015CourtOrder for Law Center to Prevent Gun Violence to File 7 Copies of Amicus Brief in Paper Format
9/28/2015CourtDocket Text:
Entered appearance of Amicus Curiae Law Center to Prevent Gun Violence. [9698560] (KT)
9/28/2015AmicusBrief of Amicus Curiae Law Center to Prevent Gun Violence in Support of Defendant-Appellee and Affirmance
9/23/2015CourtDocket Text:
Received 8 paper copies of Answering brief [23] filed by Stephen Lindley. [9693515] (SD)
9/22/2015CourtDocket Text:
Filed Appellee Stephen Lindley paper copies of supplemental excerpts of record [23] in 1 volume. [9692224] (KT)
9/22/2015CourtStreamlined request [24] by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due October 29, 2015. [9692110] (TH)
9/22/2015CourtOrder for Appellee to Submit 7 Copies of Brief in Paper Format
9/22/2015AppellantsDocket Text:
Filed (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. New requested due date is 10/29/2015. [9691228] [15-15449] (AG)
9/21/2015AppelleesAppellee’s Supplemental Excerpts of Record
9/21/2015Appellees Appellee’s Answering Brief
8/17/2015CourtDocket Text:
Streamlined request [20] by Appellee Stephen Lindley to extend time to file the brief is approved. Amended briefing schedule: Appellee Stephen Lindley answering brief due 09/21/2015. The optional reply brief is due 14 days from the date of service of the answering brief. [9649676] (CG)
8/17/2015AppelleeNotice of Supplemental Authority re AB 892
8/17/2015AppelleeDocket Text:
Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellee Stephen Lindley. New requested due date is 09/21/2015. [9649187] [15-15449] (ARH)
7/30/2015CourtDocket Text:
Received 7 paper copies of Amicus brief [13] filed by California Rifle and Pistol Association and NRA. [9628514] (SD)
7/28/2015CourtOrder Referring Motion of Sporting Arms and Ammunition & NSSF to Panel and Directing to File Paper Format of Amicus Brief
7/28/2015CourtOrder Referring Motion of Sporting Arms and Ammunition & NSSF to Panel and Directing to File Paper Format of Amicus Brief
7/28/2015CourtOrder for NRA and CRPA to File Amicus Brief in Paper Format
7/28/2015CourtDocket Text:
Entered appearance of Amici Curiae NRA and California Rifle and Pistol Association. [9624680] (LA)
7/27/2015AmiciBrief of NRA and CRPA as Amici in Support of Appellants and Reversal
7/20/2015AppellantsAppellants’ Opening BriefAppellants’ Excerpts of Record – Volume IAppellants’ Excerpts of Record – Volume II
5/6/2015CourtOrder Not Selecting Case for Mediation Program 
4/2/2015CourtStreamlined request [4] by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas to extend time to file the brief is approved. Amended briefing schedule: Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 07/20/2015. Appellee Stephen Lindley answering brief due 08/19/2015. The optional reply brief is due 14 days from the date of service of the answering brief.
4/2/2015AppellantFiled (ECF) Streamlined request for extension of time to file Opening Brief by Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas. New requested due date is 07/20/2015.
3/18/2015AppellantAppellants Mediation Questionnaire
3/18/2015AppellantAppellants Notice of Appearance of Counsel
3/11/2015CourtCase Docketing Letter
3/11/2015CourtCase Opening Packet
3/11/2015CourtMediation Questionnaire
3/11/2015CourtLetter Introducing to Court’s Mediation Program
3/11/2015CourtDOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 03/18/2015. Transcript ordered by 04/09/2015. Transcript due 05/11/2015. Appellants Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Inc., Brett Thomas and Roy Vargas opening brief due 06/18/2015. Appellee Stephen Lindley answering brief due 07/20/2015. Appellant’s optional reply brief is due 14 days after service of the answering brief. [9454059] (RT) [Entered: 03/11/2015 04:34 PM]
3/11/2015CourtAppeal Processed
3/3/2015AppellantRepresentation Statement
2/26/2015AppellantNotice of Appeal
USDC – California – Eastern District
2/26/2015CourtJudgment In A Civil Case
2/26/2015CourtOrder
2/12/2015PlaintiffNotice of Supplemental Authority re Mance v. Holder, No. 14-cv-539-O 2015
10/2/2014PlaintiffNotice of Supplemental Authority re Silvester v. Harris, No. 11-CV-2137
7/7/2014DefendantDeclaration of Todd Lizotte In Support of Defendant’s Supplemental Brief
7/7/2014DefendantDeclaration of Stephen Lindley In Support of Defendant’s Supplemental Brief
7/7/2014DefendantDefendant Stephen Lindley’s Supplemental Brief
7/7/2014PlaintiffDeclaration of Lawrence G. Keane
7/7/2014PlaintiffPlaintiffs’ Supplemental Brief
6/5/2014CourtOrder Requesting Supplemental Briefing on Cross Motions for Summary Judgment
2/21/2014PlaintiffPlaintiffs’ Reply to Defendant’s Opposition to Motion to Supplement the Record
2/18/2014CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court’s own motion and pursuant to Local Rule 230(g), Plaintiffs’ Motion to Supplement the Record 82 is SUBMITTED without oral argument. Plaintiffs’ reply, if any, shall be filed by 2/21/2014. Accordingly, the hearing date of 2/28/2014 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C)
2/18/2014DefendantCERTIFICATE of SERVICE by Stephen Lindley re 84 Opposition to Motion, 85 Declaration. (Hakl, Anthony)
2/14/2014DefendantDeclaration of Stephen Lindley In Support of Defendant’s Opposition to Motion to Supplement the Record
2/14/2014DefendantDefendant Stephen Lindley’s Opposition to Plaintiffs’ Motion to Supplement the Record
2/14/2014PlaintiffNotice of Supplemental Authority re Peruta v. County of San Diego
1/28/2014PlaintiffNotice of Motion and Motion to Supplement the Record on Pending Cross-Motions for Summary Judgment
1/16/2014PlaintiffNotice of Supplemental Authority
12/31/2013PlaintiffStipulation Pursuant to Order of the Court (Doc #78)
12/30/2013Court ReporterReporters Transcript for Cross Motions for Summary Judgment
12/18/2013CourtOrder re Cross Motions for Summary Judgment
12/16/2013CourtMINUTES for MOTION HEARING held before Judge Kimberly J. Mueller on 12/16/2013. Plaintiffs’ Counsel, Alan Gura and Donald Kilmer, present. Defendant’s Counsel, Anthony Hakl III, present. The court heard argument on the parties’ cross motions for summary judgment 55 and 61; the matters were submitted; formal written order to issue. Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C)
12/092013DefendantReply In Support of Motion for Summary Judgment or in the Alternative Summary Adjudication, By Defendant Stepehn Lindley
12/9/2013PlaintiffPlaintiffs Memorandum of Points and Authorities In Reply To Defendant’s Opposition to Plaintiffs’ Motion for Summary Judgment
12/2/2013DefendantOpposition to Plaintiffs Motion for Summary Judgment By Defendant Stephen Lindley
12/2/2013PlaintiffPlaintiffs’ Memorandum of Points and Authorities In Opposition to Defendant’s Motion for Summary Judgment or Adjudication
12/2/2013PlaintiffNotice of Attorney Change of Address
11/14/2013CourtOrder Granting Motion for Leave to File Amicus Curiae Brief
11/8/2013CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court’s own motion and pursuant to Local Rule 230(g), the Motion for Leave to File Amicus Brief 56 is SUBMITTED without oral argument. Accordingly, the hearing date of 11/22/2013 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry)
11/4/2013CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller on 11/4/2013: On the court’s own motion, the hearing on the parties’ cross motions for summary judgment 55 and 61 set for 11/22/2013 is VACATED and RESET for 12/16/2013 at 10:00 AM in Courtroom 3 before District Judge Kimberly J. Mueller. Filing deadlines are reset as provided by Local Rule 230. (Text Only Entry) (Schultz, C)
11/2/2013PlaintiffCERTIFICATE of SERVICE by Calguns Foundation, Inc., Dona Croston, Ivan Pena, Second Amendment Foundation, Brett Thomas, Roy Vargas re 67 Notice. (Gura, Alan) Modified on 11/5/2013 (Becknal, R).
11/2/2013PlaintiffPlaintiffs’ Notice of Filing of Corrected Pleading
11/1/2013AmicusAmicus Curiae Brief of Glock, Inc., In Support of Plaintiffs’ Motion for Summary Judgment
10/28/2013PlaintiffCERTIFICATE of SERVICE for 65 Motion for Summary Judgment by Wilfredo Cid. (Hakl, Anthony) Modified on 10/30/2013 (Marciel, M)
10/25/2013PlaintiffProposed Order re Motion for Summary Judgment
10/25/2013PlaintiffPlaintiffs’ Statement of Undisputed Facts (SUF) In Support of Plaintiffs’ Motion for Summary Judgment
10/25/2013PlaintiffPlaintiffs’ Request for Judicial Notice
10/25/2013PlaintiffNotice of Motion and Motion for Summary Judgment
10/25/2013DefendantDeclaration of Joel Tochterman In Support of Defendant’s Motion for Summary Judgment, or in the Alternative Summary Adjudication
10/25/2013DefendantDeclaration of Stephen Lindley In Support of Defendant’s Motion for Summary Judgment, or in the Alternative Summary Adjudication
10/25/2013DefendantExhibits to Declaration of Stephen Lindley In Support of Defendant’s Motion for Summary Judgment, or in the Alternative Summary Adjudication
10/25/2013DefendantDeclaration of Anthony R. Hakl In Support of Defendant’s Motion for Summary Judgment, or in the Alternative Summary Adjudication
10/25/2013AmicusMotion for Leave to File Amicus Curiae Brief of Glock Inc., In Support of Plaintiffs’ Motion for Summary Judgment
10/25/2013DefendantDefendant’s Notice of Motion and Motion for Summary Judgment, or in the Alternative Summary Adjudication
7/1/2013DefendantAnswer to Second Amended Complaint
6/10/2013PlaintiffSecond Amended Complaint
6/5/2013CourtMINUTE ORDER (Text Only Entry) issued by Relief Courtroom Deputy J. Streeter for Judge Kimberly J. Mueller on 06/05/2013 GRANTING parties 51 stipulation for plaintiff to file second amended complaint.
6/4/2013PlaintiffStipulation and Order for Plaintiffs to File Second Amended Complaint
5/28/2013CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 5/28/2013: Good cause appearing, the parties’ stipulated request for new case management dates 49 is GRANTED. Accordingly, plaintiffs’ amended complaint by stipulation or motion for leave to file an amended complaint shall be filed by 6/4/2013; Defendant’s response to the second amended complaint shall be filed within 20 days thereafter; Discovery is reopened through 10/4/2013, limited to issues related to micro-stamping; and the deadline for hearing dispositive motions is reset for 11/22/2013. (Text Only Entry) (Schultz, C)
5/23/2013PlaintiffStipulation and Order re Amended Complaint Reset Dates for Dispositive Motions
3/26/2013DefendantAnswer to Amended Complaint
9/19/2012PlaintiffStatus Pretrial Scheduling Order
9/6/2012CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 9/6/2012 ADOPTING the parties’ stipulation 45 substituting defendant. Accordingly, Stephen Lindley in his official capacity as Chief of the California Department of Justice Bureau of Firearms is SUBSTITUTED for defendant Wilfredo Cid. (Text Only Entry)(Schultz, C)
9/5/2012DefendantStipulation Substituting Defendant and Proposed Order
8/30/2012CourtMINUTES for STATUS (PRETRIAL SCHEDULING) CONFERENCE held before Judge Kimberly J. Mueller on 8/30/2012. Plaintiffs’ Counsel, Donald Kilmer, present. Defendant’s Counsel, Anthony Hakl III, present. The court and parties discussed case scheduling. The parties were directed to submit a stipulation re: party substitution within one week. The court will issue a scheduling order confirming dates. Court Reporter: Kathy Swinhart. (Text Only Entry) (Schultz, C)
8/23/2012DefendantJoint Status Report
8/1/2012CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 8/1/2012 ORDERING the stay in this case LIFTED. Accordingly, a Status (Pretrial Scheduling) Conference is SET for 8/30/2012 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller; no later than 8/23/2012 the parties shall file a joint status report. (Text Only Entry) (Schultz, C) (Entered: 08/01/2012)
7/30/2012PlaintiffJoint Status Report Joint Request for Case Management Conference and [Proposed] Case Management Order
6/11/2012CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 6/11/2012 CONTINUING the stay of this action. The parties shall submit a joint status report within ten (10) days of the Ninth Circuit’s order in Nordyke v. King, No. 07-15763. (Text Only Entry) (Schultz, C)
6/8/2012DefendantJoint Status Report
12/20/2011CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/20/2011: In accordance with defendant’s notice filed on 12/16/2011 37 , the court hereby vacates its minute order lifting stay 36 . This case is stayed pending further order of the court. Parties shall submit a joint status report within ten (10) days of the Ninth Circuit’s order in Nordyke v. King, No. 07-15763. (TEXT ONLY ENTRY) (Schultz, C)
12/16/2011DefendantLetter Notifying The Court of Supplemental Authority
12/15/2011Court(VACATED PER 12/20/2011 MINUTE ORDER 38 ) MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/15/2011 ORDERING the stay LIFTED; the parties shall renotice any unresolved motions, they want heard by the court. (TEXT ONLY ENTRY) (Schultz, C) Modified on 12/20/2011 (Schultz, C).
9/26/2011Defendant Joint Status Report
8/25/2011CourtMINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller on 8/25/2011 VACATING the Status (Pretrial Scheduling) Conference set for 10/19/2011; the parties shall file an updated joint status report no later than 9/26/2011. (TEXT ONLY ENTRY) (Schultz, C) (Entered: 08/25/2011)
8/25/2011CourtOrder Setting Status Pretrial Scheduling Conference
8/3/2011CourtOrder of Reassignment
5/12/2011DefendantJoint Status Report
1/20/2011CourtORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J. Mueller to the position of U.S. District Judge, this action is reassigned from *Judge Frank C. Damrell Jr.* to Judge Mueller for all further proceedings. (Donati, J)
1/6/2011CourtORDER by Chief Judge Anthony W. Ishii: Due to the elevation of Magistrate Judge Kimberly J. Mueller to the position of District Judge, this action is temporarily assigned to *Magistrate Judge Craig M. Kellison*. (Manzer, C)
8/9/2010CourtMINUTE ORDER by CRD for Judge Frank C. Damrell, Jr on 8/6/2010: The Court is in receipt of the parties’ Joint Status Report 27 following the Ninth Circuit en banc panel’s remand of Nordyke v, King, 563 F.3d 439 (9th Cir. 2009), to the three judge panel for further consideration in light of McDonald v. City of Chicago, No. 09-1521, slip op. (U.S. June 28, 2010), For the reasons set forth in the Court’s October 2, 2009 Memorandum and Order, the court continues the STAY of this action in its entirety pending the Ninth Circuit’s decision in Nordyke v. King. The parties shall submit a joint status report within ten days of the Ninth Circuit’s order. (Krueger, M)
8/5/2010PlaintiffJoint Status Report
7/15/2010CourtMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 7/15/2010: The Court has reviewed defendant’s unopposed request to extend the time to file a Joint Status Report, and the Court hereby extends the deadline to file a Joint Status Report to August 5, 2010. (TEXT ONLY) (Krueger, M)
7/15/2010DefendantREQUEST for Extension of Time to File Joint Status Report; Declaration of Stephen Acquisto by Wilfredo Cid. (Acquisto, Stephen) Modified on 7/15/2010 (Krueger, M).
10/2/2009CourtMemorandum and Order Staying Case Pending the Ninth Circuit’s En Banc Decision in Nordyke v. King
10/2/2009PlaintiffPlaintiffs’ Supplemental Reply Brief re Stay of Action
10/2/2009DefendantDefendant Cid’s Supplemental Brief
10/2/2009PlaintiffPlaintiffs’ Supplemental Brief Re Stay of Action
9/28/2009CourtMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 9/28/2009: The court is in receipt of defendant’s Motion to Dismiss as well as the parties’ complete briefing on the motion. The court is also in receipt of plaintiffs’ Notice of Relevant Authority. In light of the Ninth Circuit’s rehearing of Nordyke v. King, No. 07-15763, en banc and its order, vacating submission pending the Supreme Court’s disposition of Maloney v. Rice, No. 08-1592, McDonald v. City of Chicago, 08-1521, and National Rifle Ass’n of America, Inc. v. City of Chicago, No. 08-1497, the court directs the partiesto file supplemental briefing regarding why this action should not be stayed pending the Ninth Circuit’s en banc decision in Nordyke v. King. The parties shall file such briefing, not to exceed five pages, by Friday, October 2, 2009 at 12:00 p.m. (Krueger, M)
9/25/2009DefendantDefendant Cid’s Reply to Plaintiffs’ Opposition to Motion to Dismiss
9/18/2009PlaintiffMemorandum of Points and Authorities In Opposition to Defendant’s Motion to Dismiss
9/10/2009CourtMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 9/10/2009: The Court is in receipt of Defendant’s Ex Parte Application for Shortening Time 15 and Motion for Relief Under Rule 56(f) 16 . In light of Defendant’s pending Motion to Dismiss 8 set for hearing on October 2, 2009, the Court hereby SETS Defendant’s Motion for Relief Under Rule 56(f) for October 16, 2009 at 10:00 AM, in Courtroom #2, and CONTINUES Plaintiffs’ Motion for Summary Judgment 14 to October 30, 2009 at 10:00 AM in Courtroom #2 before Judge Frank C. Damrell, Jr. (TEXT ONLY)
9/9/2009DefendantDefendant Cid’s Notice of Motion and Motion for Relief Under Fed. R. Civ. P. 56(f)
9/9/2009DefendantEX PARTE APPLICATION by Wilfredo Cid for Order Shortening Time on Defendant Cid’s Rule 56(f) Motion. (Attachments: # 1 Declaration of Anthony R. Hakl, # 2 Exhibit A to Declaration of Anthony R. Hakl, # 3 Proposed Order)(Hakl, Anthony)
9/2/2009PlaintiffNotice of Motion and Motion for Summary Judgment__
8/24/2009PlaintiffNotice of Possible Relevant Authority
8/21/2009CourtMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 8/21/2009: The parties file a Joint Status Report on August 18, 2009 as required by the Court’s Order Requiring a Joint Status Report. A review of the docket shows a pending Motion to Dismiss set for hearing on October 2, 2009. The Court shall defer the scheduling of this action and shall issue a Pretrial Scheduling Order, if necessary, within 30 days after the issuance of an order on the motion. (TEXT ONLY)
8/18/2009DefendantJoint Status Report
7/8/2009CourtOrder on The Parties Stipulation and Request for Extension of Time to Confer Under Rule 26(f) and File Joint Status Report
7/7/2009DefendantStipulation and Request for Extension of Time to Confer Under Rule 26(f) and File Joint Status Report
7/6/2009DefendantNotice of Motion and Motion to Dismiss Amended Complaint By Defendant Cid
5/29/2009 DefendantStipulation for Extension of Time For Defendant CID to Respond to Amend Complaint
5/11/2009 PlaintiffAmended Complaint
5/01/2009 CourtCivil Case Documents
5/01/2009 CourtSummons
5/01/2009 PlaintiffCivil Cover Sheet
4/30/2009 PlaintiffComplaint