Haynie v. Harris

 Ninth Circuit Court of Appeal

Summary/Issues: Vagueness; Challenge to CA “assault weapon” law and California Penal Code section 12031(e)

DateFiling PartyDocument
 Ninth Circuit Court of Appeal
8/29/2016CourtMandate
8/4/2016CourtOrder-Dismissing-Case
8/4/2016CourtMemorandum-of-Disposition
7/20/2016Court

Oral Argument Audio

7/20/2016CourtHaynie v. Harris Oral Argument Video
7/20/2016CourtARGUED AND SUBMITTED TO SUSAN P. GRABER, RICHARD C. TALLMAN and JED S. RAKOFF.
7/18/2016CourtOrder Submitting Appellants Brief as Filed
7/18/2016CourtOrder Granting Appellants Unopposed Motion to File Oversized Letter Brief
7/15/2016AppellantUnopposed Motion to File Oversized Letter Brief
7/15/2016CourtOrder Submitting Appellees Brief as Filed
7/14/2016AppellantAppellants Supplemental Letter Brief By Order of the Court
7/14/2016CourtCOURT DELETED INCORRECT ENTRY. Brief resubmitted using correct filing type. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 49 ]. Original Text: Filed (ECF) Appellants Calguns Foundation, Inc., Mark Aaron Haynie, Brendan John Richards and Second Amendment Foundation, Inc. citation of supplemental authorities.
7/14/2016AppelleeSupplemental Letter Brief By Order of the Court
7/7/2016CourtOrder Requesting Supplemental Briefing re California’s Assault Weapons Control Act
7/7/2016AppellantAppellants Response to Appellees Citation of Supplemental Authority re AB 1135 & SB 880
7/5/2016AppelleeNotice of Supplemental Authority re Assault Weapons Control Act
6/10/2016AppellantAppellants Renewed Acknowledgment of Hearing Notice
6/9/2016AppelleeAppellees Renewed Acknowledgment of Hearing Notice
6/8/2016CourtREVISED: Notice of Oral Argument on Wednesday, July 20, 2016 – 09:00 A.M. – Courtroom 1 – San Francisco CA. **NOTE: Change in date** View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office.
5/10/2016AppellantAppellants Acknowledgment of Hearing Notice
5/9/2016AppelleeAppellees Acknowledgment of Hearing Notice
5/9/2016CourtNotice of Oral Argument on Friday, July 22, 2016 – 09:00 A.M. – Courtroom 1 – San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). When you have reviewed the calendar, download the # ACKNOWLEDGMENT OF HEARING NOTICE form , complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office.
3/27/2016AppellantAppellants Notice of Unavailability for Oral Argument
3/25/2016AppelleeCounsel Notice of Unavailability for Oral Argument
3/24/2016 CourtThis case is being considered for the July 2016 San Francisco oral argument calendar. The exact date of your oral argument has not been determined at this time. The following is a link to the upcoming court sessions: # http://cdn.ca9.uscourts.gov/datastore/uploads/calendar/sitdates_2016.pdf . Please review these upcoming dates immediately to determine if you have any conflicts with them. If you do have conflicts, please inform the Court within 3 days of this notice by sending a letter to the Court using CM/ECF ( Type of Document : File Correspondence to Court; Subject : regarding availability for oral argument). The Court discourages motions to continue after this 3-day period. The clerk’s office takes conflict dates into consideration in scheduling oral arguments but cannot guarantee that every request will be honored. Your case will be assigned to a calendar approximately 10 weeks before the scheduled oral argument date. Note that your case will be set for hearing in due course if it is not assigned to this calendar. In addition, if parties would like to discuss settlement before argument is scheduled, they should jointly request a referral to the mediation unit. Such a referral will postpone the calendaring of oral argument. All such requests must be made within 3 days of this notice by sending a letter to the Court using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation). Once the case is calendared, it is unlikely that the court will postpone argument for settlement discussions.[
1/25/2016AppelleeResponse to Plaintiffs Notice of Supplemental Authority
1/25/2016CourtAdded attorney Jose Zelidon-Zepeda for California Department of Justice Kamala D. Harris, in case 14-15531.
1/25/2016AppelleeFiled (ECF) notice of appearance of Jose Zelidon-Zepeda for Appellees Kamala D. Harris and California Department of Justice.
1/19/2016AppelleeAppellees Citation of Supplemental Authority re City of Los Angeles v. Lyons Case
4/16/2015CourtAttorneys Ross Moody and Ross Moody in 14-15531 substituted by Attorneys Peiyin Patty Li and Peiyin Patty Li in 14-15531.
4/16/2015AppelleeAppellees Notice of Appearance for Attorney Ross C. Moody
12/2/2014CourtReceived 7 paper copies of Reply brief [ # 25 ] filed by appellants.
11/24/2014CourtFiled clerk order: The reply brief [ # 25 ] submitted by appellants 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: gray. 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.
11/21/2014AppellantAppellants’ Reply Brief
10/10/2014CourtReceived 7 paper copies of Answering brief [#20] filed by California Department of Justice and Kamala D. Harris.
10/9/2014CourtStreamlined request [21] by Appellants Calguns Foundation, Inc., Mark Aaron Haynie, Brendan John Richards and Second Amendment Foundation, Inc. to extend time to file the brief is approved. Amended briefing schedule: the optional reply brief is due 11/21/2014. 
10/9/2014CourtFiled (ECF) Streamlined request for extension of time to file Reply Brief by Appellants Calguns Foundation, Inc., Mark Aaron Haynie, Brendan John Richards and Second Amendment Foundation, Inc.. New requested due date is 11/21/2014 at 11:59 pm.
10/8/2014AppelleeAppellees’ Brief In Response to Appellants’ Opening Brief
9/3/2014CourtStreamlined request [18] by Appellees California Department of Justice and Kamala D. Harris to extend time to file the brief is approved. Amended briefing schedule: Appellees California Department of Justice and Kamala D. Harris, Attorney General answering brief due 10/08/2014. The optional reply brief is due 14 days from the date of service of the answering brief. 
9/3/2014CourtFiled (ECF) Streamlined request for extension of time to file Answering Brief by Appellees California Department of Justice and Kamala D. Harris. New requested due date is 10/08/2014.
8/7/2014CourtReceived 7 paper copies of Opening brief [13] filed by appellants.
8/4/2014CourtOrder Requesting Paper Copies of Opening Brief
8/4/2014CourtOrder Granting Appellants Motion to File Corrected Opening Brief
7/31/2014CourtFiled Appellants paper copies of excerpts of record [9] in 1 volume(s).
7/28/2014AppellantAppellants’ Corrected Opening Brief
7/28/2014AppellantStipulation and Joint Motion re File Substitute AOB to Correct Typos
7/24/2014CourtOrder Granting Extension of Time to File Answering Brief
7/24/2014CourtFiled clerk order (Deputy Clerk: LKK): Granting Motion (ECF Filing) filed by Appellants Second Amendment Foundation, Inc., Calguns Foundation, Inc., Mark Aaron Haynie and Brendan John Richards; Granting Motion (ECF Filing) motion to extend time to file brief filed by Appellants Second Amendment Foundation, Inc., Calguns Foundation, Inc., Mark Aaron Haynie and Brendan John Richards Appellees California Department of Justice and Kamala D. Harris, Attorney General answering brief due 09/08/2014. The optional reply brief is due 14 days after service of the answering brief.
7/23/2014AppellantExcerpt of Record
7/23/2014AppellantAppellants’ Opening Brief
7/23/2014AppellantStipulation and Joint Motion re Briefing Schedule
5/14/2014CourtAmended Order Changing Briefing Schedule
5/13/2014CourtFiled clerk order (Deputy Clerk: LKK): The parties’ joint motion to extend the due dates for the opening and answering brief is granted. The opening brief is due June 23, 2014. The answering brief is due August 25, 2014. The optional reply brief is due within 14 days after service of the answering brief. Movant is reminded that any request for extension of time to file a brief should include a statement that the court reporter is not in default with regard to any designated transcripts. 9th Cir. 31-2.2(b)(7).
5/8/2014AppellantStipulation and Joint Motion re Briefing Schedule
4/28/2014CourtFiled order MEDIATION: This case is NOT SELECTED for inclusion in the Mediation Program. Counsel may contact circuit mediator to discuss services available through the court’s mediation program, to request a settlement assessment conf, or to request a stay of the appeal for settlement purposes. Also, upon agreement of the parties, the brfing sch can be modified or vacated to facilitate settlement discussions. Csl are requested to send copies of this order to their clients. Info regarding the mediation program may be found at www.ca9.uscourts.gov/mediation.
4/21/2014AppellantFiled (ECF) Appellants Calguns Foundation, Inc., Mark Aaron Haynie, Brendan John Richards and Second Amendment Foundation, Inc. Correspondence: Notice of non-designation of transcript from District Court.
3/26/2014AppellantFiled (ECF) Appellants Calguns Foundation, Inc., Mark Aaron Haynie, Brendan John Richards and Second Amendment Foundation, Inc. Mediation Questionnaire.
3/20/2014AppellantDocketed Cause and Entered Appearances for Counsel in Ninth Circuit
3/20/2014CourtNotice of Appeal
 U. S. District Court Northern District of California
3/4/2014CourtJudgment
3/4/2014CourtOrder Granting Defendants’ Motion to Dismiss Without Leave to Amend
2/3/2014DefendantReply In Support of Motion to Dismiss Third Amended Complaint
1/27/2014PlaintiffPlaintiffs Opposition to Motion to Dismiss Third Amended Consolidated Complaint and Memorandum In Support Thereof
1/13/2014DefendantNotice of Motion and Motion to Dismiss Third Amended Complaint
12/20/2013PlaintiffThird Amended Complaint
12/12/2013PlaintiffStipulation and Proposed Order Re Case Management
11/18/2013CourtMinute Entry: Further Case Management Conference held on 11/15/2013 before Susan Illston (Date Filed: 11/18/2013). Motion Hearing set for 6/27/2014 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston. (Court Reporter n/a.) (tfS, COURT STAFF) (Date Filed: 11/18/2013) (Entered: 11/18/2013)
12/19/2013PlaintiffStipulation for Dismissal with Prejudice as to Defendants City of Rohnert Park and Officer Dean Becker
11/8/2013PlaintiffJoint Case Management Conference Statement
10/8/2013CourtCLERKS NOTICE vacating settlement conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that by the request of the parties, due to settlement between Plaintiff and City of Rohnert Park, the settlement conference scheduled for October 9, 2013 before Magistrate Judge Jacqueline Scott Corley is vacated.(This is a text only docket entry, there is no document associated with this notice.)(ahm, COURT STAFF) (Filed on 10/8/2013) (Entered: 10/08/2013)
10/3/2013CourtCLERKS NOTICE continuing settlement conference. TO ALL PARTIES AND COUNSEL OF RECORD: Please take notice that by the request of the parties, the settlement conference currently scheduled for October 4, 2013 is continued to October 9, 2013 at 10:30 a.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. Joint settlement submission due by noon on October 8, 2013.(This is a text only docket entry, there is no document associated with this notice.)(ahm, COURT STAFF) (Filed on 10/3/2013) (Entered: 10/03/2013)
9/16/2013CourtCivil Minutes re Teleconference for Settlement Conference
9/10/2013CourtCASE REFERRED to Magistrate Judge Jacqueline Scott Corley for Settlement (ahm, COURT STAFF) (Filed on 9/10/2013) (Entered: 09/10/2013)
9/10/2013CourtCivil Minutes re Further Case Management Conference
9/6/2013CourtSet Deadlines/Hearings: Case Management Conference set for 9/6/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco. (ysS, COURT STAFF) (Filed on 9/6/2013) (Entered: 09/06/2013)
8/30/2013DefendantNotice of Removal From Electronic Notification
8/30/2013PlaintiffJoint Case Management Conference Statement
6/18/2013CourtStipulation and Joint Administrative Motion and Order
4/1/2013CourtORDER Further Case Management Conference set for 4/2/13 is continued to 6/21/2013 03:00 PM in Courtroom 10, 19th Floor, San Francisco.. Signed by Judge Susan Illston on 4/1/13., Motions terminated: 75 STIPULATION WITH PROPOSED ORDER to reset CMC filed by Second Amendment Foundation, Inc., Mark Aaron Haynie, Calguns Foundation, Inc., Brendan John Richards.(tfS, COURT STAFF) (Filed on 4/1/2013) (Entered: 04/01/2013)
11/1/2012PlaintiffsSecond Amended Consolidated Complaint
10/29/2012PlaintiffsOrder Re Stipulation for Dismissal of Defendants City of Cotati, Officer Andrew Lyssand and Joint Administrative Motion and Order Re Case Managements
10/25/2012PlaintiffStipulation for Dismissal of Defendants City of Cotati, Officer Andrew Lyssand and Joint Administrative Motion and Proposed Order Case Managements
9/24/2012DefendantStipulation to Extend Time For Defendants Kamala Harris and California Department of Justice to Respond to Amended Consolidated Complaint
9/21/2012PlaintiffSTIPULATION to Extend Time to Respond to Amended Consolidated Complaint filed by Dean Becker, City of Rohnert Park, Andrew Lyssand. (Mitchell, Steven) (Filed on 9/21/2012) (Entered: 09/21/2012)
9/6/2012CourtORDER to Consolidate Cases signed on 9/6/12 by Judge Susan Illston granting (64) Stipulation in case 3:10-cv-01255-SI; granting (43) Stipulation in case 3:11-cv-02493-SI; granting (29) Stipulation in case 3:11-cv-05580-SI; granting (17) Stipulation in case 3:12-cv-00452-SI
9/4/2012PlaintiffAmended Consolidated Complaint
9/4/2012PlaintiffSTIPULATION WITH PROPOSED ORDER to Consolidate Cases filed by Calguns Foundation, Inc., Mark Aaron Haynie, Second Amendment Foundation, Inc.. (Kilmer, Donald)
8/24/2012CourtMinute Entry: Further Case Management Conference held on 8/24/2012 before Susan Illston (Date Filed: 8/24/2012). Further Case Management Conference set for 11/2/2012 03:00 PM in Courtroom 10, 19th Floor, San Francisco.
8/21/2012CourtORDER by Judge Susan Illston granting (61) Stipulation in case 3:10-cv-01255-SI; granting (26) Stipulation in case 3:11-cv-05580-SI; granting (13) Stipulation in case 3:12-cv-00452-SI Plaintiffs shall have until September 4, 2012 to filean amended complaint inRichards v. Harris II (Sonoma County) 3:11-CV-05580 SI;Haynie v. Harris 3:10-CV-01255SI;Richards v. Harris I (Rohnert Park) 3:11-CV-02493 SI; and Ploghorowitzv. Harris, 3:12-CV-0452 SI
8/9/2012PlaintiffStipulation and Order Re Deadline to File Amended Complaint
7/25/2012CourtSet/Reset Hearing Further Case Management Conference set for 8/24/2012 03:00 PM in Courtroom 10, 19th Floor, San Francisco
6/21/2012CourtOrder Re Defendants’ Stipulation and Joint Administrative Motion and Proposed Order Re Case Management
6/20/2012DefendantDefendants’ Stipulation and Joint Administrative Motion and Proposed Order Re Case Management
5/22/2012CourtOrder Re Stipulation and Joint Administrative Motion and Order Re Case Management
5/17/2012PlaintiffStipulation and Joint Administrative Motion and Proposed Order Re Case Management
3/20/2012CourtStipulation to Reschedule Case Management Conference, Etc.; [Proposed] Order
3/20/2012CourtSet/Reset Deadlines as to (22 in 3:11-cv-02493-SI) MOTION to Dismiss Third and Fourth Claims for Relief of Plaintiffs’ Amended Consolidated Complaint. Motion Hearing set for 4/20/2012 09:00 AM in Courtroom 10, 19th Floor, San Francisco before Hon. Susan Illston.
3/1/2012CourtOrder Re Stipulation and Joint Administrative Motion Re Related Case
2/29/2012PlaintiffStipulation and Joint Administrative Motion Re Related Case
1/5/2012CourtSet/Reset Deadlines as to (22 in 3:11-cv-02493-SI) MOTION to Dismiss Third and Fourth Claims for Relief of Plaintiffs’ Amended Consolidated Complaint. Motion Hearing set for 4/20/2012 09:00 AM before Hon. Susan Illston.
1/5/2012CourtOrder Re Stipulation and Joint Administrative Motion Re Case Management Order
1/3/2012PlaintiffsJoint Case Management Conference Statement
11/23/2011CourtOrder Re Stipulation and Order for Additional Time to Plead to Consolidated Amended Complaint
11/18/2011DefendantStipulation and Order for Additional Time to Plead to Consolidated Amended Complaint
11/4/2011PlaintiffAmended Consolidated Complaint
10/24/2011CourtFurther Case Management Conference set for 1/13/2012 02:30 PM. (these cases shall be consolidated based on the order granting the motion to dismiss)
10/22/2011CourtSet Deadlines/Hearings: Further Case Management Conference set for 1/13/2011 03:00 PM in Courtroom 10, 19th Floor, San Francisco.
10/22/2011CourtOrder Granting Defendants’ Motion to Dismiss and Granting Leave to Amend
9/29/2011CourtClerk’s Notice Continuing Further Case Management Conference Statements
8/5/2011PlaintiffNotice of Supplemental Authority
6/22/2011CourtSet/Reset Deadlines as to (26 in 3:10-cv-01255-SI) MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint (F.R.C.P. 12(b)(1) and 12(b)(6).) MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint (F.R.C.P. 12(b)(1) and 12(b)(6).) MOTION to Dismiss Notice of Motion and Motion to Dismiss First Amended Complaint (F.R.C.P. 12(b)(1) and 12(b)(6).). Replies due by 7/13/2011. Motion Hearing set for 8/5/2011 09:00 AM before Hon. Susan Illston.
6/22/2011DefendantStipulation and Order Consolidating Cases for Hearing on Motion to Dismiss
6/8/2011PlaintiffStipulation and Joint Administrative Motion to Consider Whether Cases Should be Related
6/8/2011CourtOrder Relating Case
6/1/2011PlaintiffStipulation and Joint Admnistrative Motion to Consider Whether Cases Should Be Related
5/27/2011DefendantsDefendants’ Reply In Support of Motion to Dismiss
5/20/2011PlaintiffDeclaration of Gene Hoffman Opposing Defendants’ Motion to Dismiss
5/20/2011PlaintiffPlaintiffs’ Opposition to Motion to Dismiss
5/6/2011DefendantMemorandum of Points and Authorities In Support of Motion to Dismiss
5/6/2011DefendantDefendants Motion to Dismiss First Amended Complaint
3/29/2011CourtMinute Entry: Initial Case Management Conference held on 3/25/2011 before Illston (Date Filed: 3/29/2011). Further Case Management Conference set for 6/10/2011 03:00 PM. Motion Hearing set for 6/10/2011 09:00 AM before Hon. Susan Illston. () (tf, COURT STAFF) (Date Filed: 3/29/2011) Modified on 3/29/2011
3/9/2011PlaintiffFirst Amended Complaint
3/4/2011PlaintiffStipulation Re First Amended Complaint
3/4/2011PlaintiffJoint Case Management Conference Statement
10/1/2010CourtCorrected Order Re Stipulation and Proposed Order Selecting ADR Process and Continuing Case Management Conference
9/30/2010CourtStipulation and Proposed Order Continuing Case Management Conference to Permit Completion of Early Neutral Evaluation Process
9/30/2010CourtStipulation and Proposed Order Continuing Case Managment Conference to Permit Completion of Early Neutral Evaluation Process
9/27/2010DefendantStipulation and Proposed Order Continuing Case Management Conference to Permit Completion of Early Neutral Evaluation Process
7/16/2010CourtNotice of Appointment of Evaluator
6/29/2010CourtStipulation and Proposed Order Selecting ADR Process and Continuing Case Management Conference
6/23/2012CourtStipulation and Proposed Order Selecting ADR Process and Continuing Case Management Conference
6/15/2010PlaintiffStipulation for Dismissal of Defendants City of Pleasanton and City of Pleasonton Police Department with Prejudice
6/8/2010PlaintiffStipulation for Dismissal of Defendants City of Pleasanton and City of Pleasonton Police Department with Prejudice
3/25/2010PlaintiffCivil Cover Sheet
3/25/2010 PlaintiffComplaint