Rhode v. Becerra

Case Name: Kim Rhode, Gary Brennan, Cory Henry, Edward Johnson, Scott Lindemuth, Richard Ricks, Denise Welvang, Able’s Sporting, Inc., AMDEP Holdings, LLC, R & S Firearms, Inc., and California Rifle & Pistol Association, Incorporated v. Xavier Becerra

District Court Case No.: 3:18-cv-00802-BEN-JLB

Court of Appeal Case No.: 24-542

 

 

U.S. Court of Appeals for the Ninth Circuit

Filing Date Filing Party Document Description
2/29/2024 Appellant Docket Text: NOTICE OF APPEARANCE by Mica Moore for Appellant Rob Bonta. [Entered: 02/29/2024 05:16 PM]
2/13/2024 Appellant Appellant-Defendant’s Transcript Designation & Ordering Form
2/5/2024 Court Order Granting Motion to Stay District Court Ruling
2/5/2024 Appellant Appellant’s Mediation Questionnaire
2/2/2024 Appellant Appellant’s Reply to Opposition to Emergency Motion for Stay
2/1/2024 Appellees Appellees’ Opposition to Appellant’s Emergency Motion for Stay Pending Appeal

Declaration of Sean A. Brady

2/1/2024 Appellant Defendant-Appellant’s Emergency Motion for Immediate Stay Pending Appeal

Declaration of Christina R.B. Lopez in Support of Motion

Certificate for Emergency Motion

1/31/2024 Court Time Schedule Order
1/31/2024 Court Docket Text:

CASE OPENED. A copy of your notice of appeal / petition filed in 3:18-cv-00802-BEN-JLB has been received in the Clerk’s office of the United States Court of Appeals for the Ninth Circuit.
The U.S. Court of Appeals docket number 24-542 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct.  It is your responsibility to alert the court if your contact information changes.
Resources Available
For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for attorneys and pro se litigants) and review the Appellate Practice Guide. Counsel should consider contacting the court’s Appellate Mentoring Program for help with the brief and argument. [Entered: 01/31/2024 04:34 PM]

 

U.S. District Court, Southern District of California

Filing Date Filing Party Document Description
3/4/2024 Court Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 11/13/2023, before Judge Roger T. Benitez. Court Reporter/Transcriber Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to
Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court  Reporter/Transcriber 3/25/2024. Redacted Transcript Deadline set for 4/4/2024. Release of Transcript Restriction set for 6/3/2024. (ddf)
1/31/2024 Court Order Denying Request to Stay
1/31/2024 Defendant Defendant’s Notice of Appeal

Defendant’s Representation Statement

1/31/2024 Defendant Defendant’s Renewed Motion to Stay
1/31/2024 Court Judgment
1/30/2024 Court Decision in support of Plaintiffs
12/13/2023 Plaintiffs Plaintiffs’ Omnibus Brief
12/13/2023 Defendant Defendant’s Omnibus Brief
12/13/2023 Defendant Notice of Appearance of Meghan H. Strong for Defendant
11/15/2023 Court Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 11/13/2023. Omnibus briefs due within 30 days with a 25-page limit.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Sean Brady). (Defendant Attorney John D. Echeverria). (no document attached) (gxr)
11/2/2023 Defendant Defendant’s Response to Plaintiffs’ Response to Expert Declarations
11/2/2023 Court Notice of Appearance of Sebastian Brady for Defendant
10/19/2023 Court Order Granting Leave for Defendant to File Brief and Setting Status Conference
10/10/2023 Plaintiffs Plaintiffs’ Response to Defendant’s Objection to Plaintiffs’ Response to Defendant’s Expert Declarations
10/5/2023 Defendant Defendant’s Objection to Plaintiffs’ Response to Defendant’s Expert Declarations
10/2/2023 Plaintiffs Plaintiffs’ Response to Defendant’s Expert Declarations

Declaration of Clayton Cramer

8/24/2023 Amicus Notice of Withdrawal of Giffords
8/17/2023 Plaintiffs Plaintiffs’ Response to July 18, 2023 Order

Declaration of Plaintiff Kim Rhode

Declaration of Plaintiff Gary Brennan

Declaration of Plaintiff Cory Henry

Declaration of Plaintiff Edward Johnson

Declaration of Plaintiff Denise Welvang

Declaration of James Gilhousen for Plaintiff Able’s Sporting

Declaration of Dan Wolgin for Plaintiff AMDEP Holdings

Declaration of Richard Minnich for Plaintiff California Rifle & Pistol Association

Declaration of Jack Mullin

Declaration of Kirk Weir

Declaration of Muhamed El-Zoghbi

Declaration of Scott Parker

Declaration of Stephen Hoover

Declaration of Steven Bayrd

8/16/2023 Defendant Defendant’s Response to Court’s July 18, 2023 Order

Fifth Supplemental Declaration of Mayra G. Morales

Declaration of Robert Spitzer

Declaration of Michael Vorenberg

Declaration of Jennifer M. McCutchen

Declaration of Sidney Jones

Exhibit 1

Exhibit 2

Exhibit 3

7/25/2023 Court Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held on 7/17/2023, before Judge Roger T. Benitez. Court Reporter/Transcriber Juliet Y. Eichenlaub. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 8/15/2023. Redacted Transcript Deadline set for 8/25/2023. Release of Transcript Restriction set for 10/23/2023. (jye)
7/18/2023 Court Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Preliminary Injunction Hearing held on 7/17/2023. No objections were heard as to combining the preliminary injunction hearing with a trial on the merits. Within 30 days of today, Plaintiffs shall file a declaration(s) regarding their Article III standing. Within 30 days of today, Defendant shall name and file an expert report(s) or declaration(s) regarding the American history and tradition of background checks. Within 15 days thereafter, Plaintiffs shall decide whether to depose said expert(s), and within 30 days after deciding, Plaintiffs shall file a brief or expert declaration(s) in response. Additionally, within 30 days of today, Defendant shall file an updated declaration regarding ammunition purchaser background check acceptance/rejection rates and processing times, as performed previously. Additionally, within 30 days of today, Defendant shall report to the extent ascertainable, on persons described in previous declarations as persons who underwent background checks and were identified as prohibited persons and indicate whether such persons were prosecuted and whether firearms were located and seized from such persons.(Court Reporter/ECR Juliet Eichenlaub). (Plaintiff Attorney Sean Brady, Konstadinas T. Morou). (Defendant Attorney Christina R. B. Lopez, John D. Echeverria). (no document attached) (gxr)
7/13/2023 Defendant Defendant’s Response to Order Setting Hearing
6/30/2023 Court Order Setting Hearing
3/15/2023 Defendant Defendant’s Notice of Supplemental Authority
2/21/2023 Defendant Defendant’s Brief in Response to Plaintiffs’ Supplemental Briefs
2/21/2023 Plaintiffs Plaintiffs’ Response to Defendant’s Supplemental Briefs
2/16/2023 Defendant Notice of Appearance of Christina R.B. Lopez for Defendant
2/10/2023 Plaintiffs Plaintiffs’ Brief re Relevant Analogs
2/10/2023 Defendant Defendant’s Supplemental Brief re Order of February 7, 2023
2/10/2023 Defendant Defendant’s Supplemental Brief re Order of December 15, 2022
2/7/2023 Court Docket Text: MINUTE ORDER issued by the Honorable Roger T. Benitez: The State defendants are directed to file a brief which identifies the best historical regulation that is a proper analogue and relevantly similar to a statewide background check for buying ammunition. The brief shall be limited to five pages and shall be filed with the brief currently due 30 days after the filing of the law list.
1/11/2023 Defendant Declaration of John D. Echeverria re Submission of Surveys

Survey of Relevant Statutes (Pre-Founding-1888)

Survey of Relevant Statutes (1889-1930)

Plaintiffs’ Disagreements re Defendant’s Survey of Relevant Statutes

12/20/2022 Court Transcript from Status Conference on December 12, 2022
12/20/2022 Court Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 12/12/2022, before Judge Roger T. Benitez. Court Reporter/Transcriber Abigail R. Torres. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 1/10/2023. Redacted Transcript Deadline set for 1/20/2023. Release of Transcript Restriction set for 3/20/2023.
12/15/2022 Court Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Status Conference held on 12/12/2022. 12/12/2022 Second Amendment cases MOStatus hearing held. The state defendants shall create, and the plaintiffs shall meet and confer regarding, a survey or spreadsheet of relevant statutes, laws, or regulations in chronological order. The listing shall begin at the time of the adoption of the Second Amendment and continue through twenty years after the Fourteenth Amendment. For each cited statute/law/regulation, the survey shall provide: (a) the date of enactment; (b) the enacting state, territory, or locality; (c) a description of what was restricted (e.g., dirks, daggers, metal knuckles, storage of gunpowder or cartridges, or use regulations); (d) what it was that the law or regulation restricted; (e) what type of weapon was being restricted (e.g., knife, Bowie Knife, stiletto, metal knuckles, pistols, rifles); (f) if and when the law was repealed and whether it was replaced; (g) whether the regulation was reviewed by a court and the outcome of the courts review (with case citation). Defendants may create a second survey covering a time period following that of the first list. If opposing parties cannot agree on the inclusion of a particular entry on the survey, the disagreement shall be indicated and described on a separate list. The survey list shall be filed within 30 days. Parties may file a brief up to 25 pages within 30 days thereafter focusing on relevant analogs. Parties may file a responsive brief within 10 days thereafter. Parties shall agree within 20 days on deposing Mr. Roth and Mr. Cramer at an agreed place and time. (Court Reporter/ECR Abigail Torres). (Plaintiff Attorney Sean Brady, Chuck Michel). (Defendant Attorney Anthony P. O’Brien). (no document attached) (gxr)
12/5/2022 Defendant Notice of Appearance of Anthony P. O’Brien for Defendant
12/5/2022 Defendant Notice of Appearance of John Echeverria for Defendant
11/9/2022 Court Docket Text: NOTICE of Hearing: Status Conference set for 12/12/2022 10:30 AM in Courtroom 5A before Judge Roger T. Benitez. The Court hereby orders all attorneys to appear in-person.
 

U.S. Court of Appeals for the Ninth Circuit

Filing Date Filing Party Document Description
11/17/2022 Court Order Vacating and Remanding
10/13/2022 Appellant Appellant’s Supplemental Reply Brief re Bruen
10/11/2022 Court Docket Text: Filed text clerk order (Deputy Clerk: WL): Gun Owners of America et al.’s motion (Docket Entry # [100]) for leave to file an amicus brief in support of Plaintiffs-Appellees, is granted. [12559629] (WL)
10/11/2022 Appellant Docket Text: Filed (ECF) notice of appearance of Elizabeth Karin Watson (California Attorney General’s Office, 455 Golden Gate Ave. Suite 11000, San Francisco, CA 94102-7004) for Appellant Rob Bonta. Date of service: 10/11/2022. (Party was previously proceeding with counsel.) [12559550] [20-55437] (Watson, Elizabeth)
9/29/2022 Amicus Motion for Leave to File Amicus Brief of Gun Owners of America, Inc., Gun Owners Foundation, Gun Owners of California, Heller Foundation, Oregon Firearms Federation, Virginia Citizens Defense League, Tennessee Firearms Association, Grass Roots North Carolina, Rights Watch International, America’s Future, Downsize DC Foundation, DownsizeDC.org, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee

Supplemental Amicus Brief

9/22/2022 Appellees Appellees’ Supplemental Brief re Bruen
9/2/2022 Court Docket Text: Filed text clerk order (Deputy Clerk: WL): Appellees’ motion (Docket Entry # [95]) for an extension of time to file their supplemental brief until September 22, 2022, is granted.
9/1/2022 Appellees Plaintiffs-Appellees’ Unopposed Motion for Extension to File Supplemental Brief
8/8/2022 Appellant Appellant’s Supplemental Brief regarding Bruen
7/13/2022 Court Order Granting Motion for Extension to File Supplemental Brief
7/12/2022 Appellant Appellant’s Unopposed Motion for Extension to File Supplemental Brief
7/12/2022 Appellant Notice of Appearance of John D. Echeverria for Appellant
6/24/2022 Court Order Requesting Supplemental Briefing re NYSRPA v. Bruen
3/19/2021 Court Order Staying Case Pending Duncan
1/15/2021 Appellees Plaintiffs-Appellees’ Supplemental Brief
12/18/2020 Court Docket Text: Received 6 paper copies of Supplemental Brief [76] filed by Xavier Becerra.
12/16/2020 Court Order Requesting Paper Copies of Defendant-Appellant’s Supplemental Brief
12/16/2020 Appellant Defendant-Appellant’s Supplemental Brief
11/16/2020 Court Order to File Supplemental Briefs regarding the Constitutionality of the Basic Check
11/10/2020 Court Docket Text: Filed Audio recording of oral argument. Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/
11/9/2020 Court Docket Text: ARGUED AND SUBMITTED TO BARRINGTON D. PARKER, JR., PAUL J. WATFORD and PATRICK J. BUMATAY.
10/19/2020 Appellant Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Nelson Richards for Appellant Xavier Becerra. Hearing in Pasadena on 11/09/2020 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/19/2020. [11863249] [20‐55437] (Richards, Nelson)
10/16/2020 Appellees Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Ms. Erin E. Murphy for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Hearing in Pasadena on 11/09/2020 at 09:30 A.M. (Courtroom: 1). Filer sharing argument time: No. (Argument minutes: 20.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 10/16/2020. [11861329] [20‐55437] (Murphy, Erin)
10/14/2020 Appellees Appellees’ Supplemental Brief
10/14/2020 Appellant Appellant’s Supplemental Brief
9/23/2020 Court Order to File Supplemental Brief regarding Historical Evidence
9/1/2020 Appellant Docket Text: Filed (ECF) notice of appearance of Peter H. Chang (California Attorney General’s Office; 455 Golden Gate Ave., Ste. 11000; San Francisco, CA 94102) for Appellant Xavier Becerra. Date of service: 09/01/2020. (Party was previously proceeding with counsel.)
8/31/2020 Appellant Appellant’s Reply Brief
8/30/2020 Court Docket Text: Notice of Oral Argument on Monday, November 9, 2020 – 09:30 A.M. – Courtroom 1 – Scheduled Location: Pasadena CA.
The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.View the Oral Argument Calendar for your case here.NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, any argument may be held remotely with all of the judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.Be sure to review the guidelines for important information about your hearing, including when to be available (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).If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Monday, November 9, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.
8/12/2020 Court Order Granting Extension to File Reply Brief
8/10/2020 Appellant Appellant’s Unopposed Motion for Extension of Time to File Reply Brief
8/7/2020 Amicus Amicus Brief of Gun Owners of California in Support of Appellees Kim Rhode, et al. and Affirmance

Appendix to Brief of Gun Owners of California

8/7/2020 Amicus Amicus Brief of Gun Owners of America, Inc., Gun Owners Foundation, Heller Foundation, Virginia Citizens Defense League, Grass Roots North Carolina, Tennessee Firearms Association, BamaCarry, Inc., Florida Carry, Inc., Arizona Citizens Defense League, New Jersey Second Amendment Society, and Conservative Legal Defense and Education Fund in Support of Plaintiffs-Appellees and Affirmance
8/7/2020 Amicus Amicus Brief of Firearms Policy Coalition, Firearms Policy Foundation, California Gun Rights Foundation, Madison Society Foundation, and Second Amendment Foundation in Support of Appellees and Affirmance
8/5/2020 Appellees Notice regarding Availability for Oral Argument
8/3/2020 Court Docket Text: This case is being considered for an upcoming oral argument calendar in Pasadena.

Please review the Pasadena sitting dates for November 2020 and the 2 subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form’s instructions carefully.

When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date.

If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation).

7/31/2020 Appellees Appellees’ Answering Brief
7/31/2020 Court Docket Text: Filed (ECF) notice of appearance of Erin E. Murphy (Kirkland & Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Date of service: 07/31/2020. (Party was previously proceeding with counsel.)
7/31/2020 Court Docket Text: Filed (ECF) notice of appearance of Paul D. Clement (Kirkland & Ellis LLP, 1301 Pennsylvania Avenue NW, Washington, DC 20004) for Appellees Able’s Sporting, Inc., AMDEP Holdings, LLC, Gary Brennan, California Rifle & Pistol Association, Inc., Cory Henry, Edward Johnson, Scott Lindemuth, R&S Firearms, Inc., Kim Rhode, Richard Ricks and Denise Welvang. Date of service: 07/31/2020. (Party was  previously proceeding with counsel.)
7/1/2020 Court Order Granting Motion for Extension to File Answering Brief
6/29/2020 Appellees Unopposed Motion for Extension to File Answering Brief
6/19/2020 Amicus for Appellant Amicus Brief of Everytown for Gun Safety in Support of Defendant-Appellant

Addendum of Statutes and Selected Materials

6/19/2020 Amicus for Appellant Amicus Brief of Illinois, Connecticut, Delaware, District of Columbia, Hawaii, Maryland, Massachusetts, Michigan, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Virginia, and Washington in Support of Defendant-Appellant
6/19/2020 Amicus for Appellant Amicus Brief of Brady in Support of Defendant-Appellant
6/19/2020 Amicus for Appellant Amicus Brief of Giffords Law Center to Prevent Gun Violence in Support of Defendant-Appellant
6/12/2020 Appellant Appellant’s Opening Brief

Appellant’s Excerpts of Record 1 of 7

Appellant’s Excerpts of Record 2 of 7

Appellant’s Excerpts of Record 3 of 7

Appellant’s Excerpts of Record 4 of 7 

Appellants Excerpts of Record 5 of 7

Appellant’s Excerpts of Record 6 of 7

Appellant’s Excerpts of Record 7 of 7

5/14/2020 Court Order Granting Stay Pending Appeal

Circuit Judge Collins’ Dissent to Order Granting Stay Pending Appeal

5/13/2020 Court Order Granting Extension to File Opening Brief
5/7/2020 Appellant Reply in Support of Attorney General’s Motion to Stay Preliminary Injunction Order Pending Appeal
5/6/2020 Appellees Appellees’ Opposition to Motion for Extension of Time to File Appellant’s Opening Brief and Excerpts of Record
5/4/2020 Appellant Motion for Extension of Time to File Appellant’s Opening Brief and Excerpts of Record
4/30/2020 Appellees Appellees’ Opposition to Appellant’s Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Declaration of Sean A. Brady in Support of Appellees’ Opposition to Appellant’s Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

4/29/2020 Court Order re Case Not Selected for Mediation
4/27/2020 Appellant Mediation Questionnaire
4/24/2020 Court Order Granting Stay on Preliminary Injunction
4/24/2020 Appellant Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Declaration of Nelson R. Richards in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 1 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 2 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 3 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 4 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 5 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 6 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 7 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 8 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 9 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 10 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 11 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 12 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 13 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

Exhibit 14 in Support of Emergency Motion to Stay Preliminary Injunction Order Pending Appeal

4/24/2020 Court Order Setting Briefing Schedule
4/24/2020 Court Case Opening Packet
4/24/2020 Court Mediation Letter
4/24/2020 Court Notice to All Parties and Counsel re Appeal
4/24/2020 Court Court of Appeal Docketing Letter
 

U.S. District Court, Southern District of California

Filing Date Filing Party Document Description
6/9/2020 Court Docket Text: Minute Order issued by the Honorable Roger T. Benitez: The Court hereby vacates the Final Pretrial Conference hearing date of 6/15/2020.
4/24/2020 Defendant Defendant’s Notice of Interlocutory Appeal
4/24/2020 Court Order Denying Defendant’s Motion to Stay
4/24/2020 Defendant Defendant’s Motion to Stay Order Granting Preliminary Injunction to Allow for Interlocutory Appeal
4/23/2020 Court Order Granting Plaintiffs’ Motion for Preliminary Injunction
4/10/2020 Defendant Fourth Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
4/10/2020 Defendant Defendant’s Response to Court’s Inquiry at the April 1, 2020 Status Conference
4/1/2020 Court Order Denying Leave to Participate as Amici Curiae
4/1/2020 Court Docket Text: Minute Entry for proceedings held before Judge Roger T. Benitez: Telephonic Status Conference held on 4/1/2020. (Court Reporter/ECR Ellen Simone). (Plaintiff Attorney Sean Brady). (Defendant Attorney Nelson Richards).
3/30/2020 Court Docket Text: Notice of Hearing: Telephonic Status Conference set for 4/1/2020 01:15 PM in Courtroom 5A before Judge Roger T. Benitez.
2/28/2020 Defendant Third Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
2/14/2020 Court Order Requesting Defendant to Update the Court on Ammunition Sales Background Check
1/17/2020 Court Order Granting Joint Motion to Vacate the Mandatory Settlement Conference
1/15/2020 All Parties Joint Motion to Vacate the Mandatory Settlement Conference
1/8/2020 Court Docket Text: Minute Order by Magistrate Judge Jill L. Burkhardt: Due to a conflict in the Court’s calendar, the Mandatory Settlement Conference previously set for 2/14/2020 (ECF No. [27]) is hereby RESET for 2/21/2020, at 9:00 AM in the chambers of Judge Burkhardt. The deadline to lodge confidential settlement statements with the Court is hereby RESET to 2/11/2020. This Order does not otherwise alter the Scheduling Order (ECF No. [27]).
11/18/2019 Defendant Second Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
11/7/2019 All Parties Joint Status Report
10/29/2019 Plaintiffs Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

Request for Judicial Notice in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Edward Allen Johnson in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of William D. Shepard in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Nandu Ionescu in Support of Supplemental Brief in Support of Plaintiffs’ Motion for Preliminary Injunction

9/30/2019 Amicus Pro Hac Vice Application of Rebecca J. Francis for Giffords Law Center to Prevent Gun Violence & Brady
9/27/2019 Defendant Supplemental Declaration of Mayra G. Morales in Support of Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction
9/25/2019 Defendant Notice of Appearance of Counsel Noreen P. Skelly for Defendant Xavier Becerra
9/25/2019 Court Docket Text: Notice of Hearing: Telephonic Status Conference set for 10/1/2019 01:00 PM in Courthouse 5A before Judge Roger T. Benitez. Plaintiff counsel to email Judge Benitez’s chambers by 5:00 PM on 9/30/2019 one toll-free telephone number and pass code to allow the Court to access the conference call.
8/12/2019 Plaintiffs Plaintiffs’ Reply to Defendants’ Opposition to Motion for Preliminary Injunction

Declaration of Matthew D. Cubeiro in Support of Plaintiffs’ Reply to Defendants’ Opposition to Motion for Preliminary Injunction

8/9/2019 Amicus for Defendant Motion by Giffords Law Center to Prevent Gun Violence & Brady for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

Memorandum of Points and Authorities in Support of Motion by Giffords Law Center to Prevent Gun Violence & Brady for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

 

8/9/2019

 

Amicus for Defendant

Motion by Everytown for Gun Safety Support Fund for Leave to File Amicus Brief in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

Amicus Brief of Everytown for Gun Safety Support Fund in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

 

 

 

8/5/2019

 

 

 

Defendant

Defendant Xavier Becerra’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

Exhibit 1-5

Exhibit 6

Exhibit 7

Exhibit 7 Continued

Exhibit 8

Declaration of Mayra G. Morales in Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction

Request for Judicial Notice In Support of Defendant’s Opposition to Plaintiffs’ Motion for Preliminary Injunction; Declaration of Nelson R. Richards

7/22/2019 Plaintiffs Plaintiffs’ Notice of Motion and Motion for Preliminary Injunction

Memorandum of Points and Authorities in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Sean A. Brady in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Richard Travis in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of James Gilhousen in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Denise Welvang in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Scott Lindemuth in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Bill Ortiz in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of David Burwell in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Chris Puehse in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Travis Morgan in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Ethan Bartel in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Myra Lowder in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Daniel Gray in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of Christina McNab in Support of Plaintiffs’ Motion for Preliminary Injunction

Declaration of George Dodd in Support of Plaintiffs’ Motion for Preliminary Injunction

Request for Judicial Notice with Exhibits 1-10 in Support of Plaintiffs’ Motion for Preliminary Injunction

Exhibits 11-34 to Request for Judicial Notice in Support of Plaintiffs’ Motion for Preliminary Injunction

7/12/2019 Court Docket Text: Minute Order Granting Joint Request to Appear Telephonically at the July 15, 2019 Status Conference
7/12/2019 All Parties Joint Request to Appear Telephonically at the July 15, 2019 Status Conference
7/3/2019 Court Order Granting Second Joint Motion to Amend Scheduling Order
7/1/2019 Court Second Joint Motion to Amend Scheduling Order
4/23/2019 Court Order Amending Scheduling Order
4/15/2019 Court Docket Text: The Court hereby SETS a telephonic, counsel-only Status Conference for 4/19/2019, at 9:00 AM before Judge Burkhardt regarding the parties’ Joint Motion to Amend Scheduling Order.
4/12/2019 All Parties Joint Motion to Amend Scheduling Order
12/6/2018 Court Scheduling Order Regulating Discovery and Other Pretrial Proceedings
12/4/2018 Court Docket Text: Case Management Conference held on 12/4/18. Scheduling Order to follow. Additionally, pursuant to the Conference, the in-person Early Neutral Evaluation Conference previously set for 1/9/2019 is hereby VACATED.
11/27/2018 All Parties Joint Discovery Plan
11/6/2018 Court Notice and Order: (1) For Telephonic Rule 26 Compliance and Case Management Conference; (2) In-Person Early Neutral Evaluation Conference
10/31/2018 Defendant Defendants’ Answer to First Amended Complaint
10/17/2018 Court Order re: Defendant’s Motions to Dismiss
 

9/27/2018

 

Court

Docket Text: NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion to Dismiss) held on 9/20/2018 before Judge Roger T. Benitez. Court Reporter/Transcriber: Dana Peabody. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 10/18/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/26/2018.
9/13/2018 Defendant Defendant’s Reply to Motion to Dismiss the First Amended Complaint
9/6/2018 Plaintiffs Opposition to Motion to Dismiss the First Amended Complaint
 

7/18/2018

 

Defendant

Defendant Xavier Becerra’s Notice of Motion and Motion to Dismiss the First Amended Complaint

Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss the First Amended Complaint

Request for Judicial Notice in Support of Defendant’s Motion to Dismiss the First Amended Complaint

Proof of Service re Defendant’s Motion to Dismiss the First Amended Complaint

6/18/2018 Court Order Denying Defendant’s Motion to Dismiss as Moot With Leave to File
6/11/2018 Plaintiffs First Amended Complaint
 

5/18/2018

 

Defendant

Defendant Xavier Becerra’s Notice of Motion and Motion to Dismiss

Memorandum of Points and Authorities in Support of Defendant’s Motion to Dismiss

Request for Judicial Notice in Support of Defendant’s Motion to Dismiss; Declaration of Nelson R. Richards

Certificate of Service for Defendant’s Motion to Dismiss

5/9/2018 Court Order of Transfer to Judge Benitez
5/8/2018 Plaintiffs Proof of Service of Summons and Complaint
4/27/2018 Plaintiffs Amended Summons in A Civil Action
4/26/2018 Plaintiffs Notice of Appearance of Sean A. Brady for Plaintiffs
4/26/2018 Plaintiffs Plaintiffs’ Notice of Related Cases
4/26/2018  Plaintiffs Summons in A Civil Action
4/26/2018  Plaintiffs Civil Cover Sheet
4/26/2018  Plaintiffs Complaint for Declaratory and Injunctive Relief