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Phone562-216-4444
Birdt v. San Bernardino Sheriffs Department
TED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Eastern Division – Riverside)
CIVIL DOCKET FOR CASE #: 5:13-cv-00673-VAP-JEM
Jonathan Birdt v. San Bernardino Sheriffs Department
Assigned to: Judge Virginia A. Phillips
Referred to: Magistrate Judge John E. McDermott
Cause: 42:1983 Civil Rights Act
Date Filed: 04/12/2013
Jury Demand: Both
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Summary/Issues: Challenging the denial of plaintiff’s application for concealed handgun license.
| Filing Date | Filing Party | Document Description |
| USDC – Central District | ||
| 4/23/2015 | Defendant | Reply to Plaintiff’s Opposition to Defendant’s Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement |
| 3/10/2015 | Court | Minute Order Re Briefing Schedule for Defendants’ Motion to Dismiss Second Amended Complaint |
| 3/9/2015 | Plaintiff | Opposition to Motion to Dismiss; Declaration of Plaintiff |
| 3/6/2015 | Defendant | Declaration of Algeria R. Ford In Support of Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement |
| 3/6/2015 | Defendant | Notice of Motion and Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement |
| 3/6/2015 | Defendant | Defendant’s Notice of Lodging Proposed Order for 12(B)(6) Motion to Dismiss Second Amended Complaint and Rule 15(d) Supplement |
| 2/20/2015 | Plaintiff | Supplemental Authorities |
| 2/20/2015 | Plaintiff | Rule 15(d) Supplement to Plaintiffs Second Amended Complaint |
| 2/10/2015 | Court | MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF’S THIRD AMENDED COMPLAINT FOR SECOND AMENDMENT VIOLATION (Docket No. # 132 ) AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. # 133 ) by Magistrate Judge John E. McDermott. The Court sua sponte STRIKES Plaintiff Jonathan Birdt’s recently filed Third Amended Complaint (“TAC”) and Motion for Summary Judgment. Plaintiff did not seek or obtain leave to file an amended complaint as required by Rule 15(a)(2). The Court will not grant leave to do so. In its February 6, 2015 Order, the Court specifically instructed Plaintiff to file a supplemental complaint pursuant to Rule 15(d). Plaintiff has until March 1, 2015 to do so or to file a response why this case should not be dismissed. |
| 2/6/2015 | Plaintiff | Motion for Summary Judgment; Declaration re Facts and Compliance with Local Rules |
| 2/6/2015 | Plaintiff | Third Amended Complaint for Second Amendment Violation |
| 2/6/2015 | Court | MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE by Magistrate Judge John E. McDermott. IT IS ORDERED THAT Plaintiff shall show cause on or before February 20, 2015, why his SAC should not be dismissed as moot given that the SAC seeks injunctive relief (i.e., an order requiring Defendant to issue Plaintiff a concealed weapon permit) on the ground that Defendant improperly denied only the First Application, and the SAC does not challenge Defendant’s subsequent denial of the Second Application. If Plaintiff files a Response to this Order to Show Cause, Defendant’s Reply to Plaintiff’s Response shall be due no later than February 27, 2015. (See Order for Further Details) |
| 1/30/2015 | Plaintiff | Notice of Decision on Second Application |
| 1/13/2015 | Plaintiff | Notification To Court of Defendants Response to Plaintiffs Inquiry |
| 1/12/2015 | Plaintiff | Declaration of Plaintiff Regarding Magistrates Order on January 8th, 2015 |
| 1/8/2015 | Court | MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott: ORDER DIRECTING THE PARTIES TO INFORM THE COURT CONCERNING THE OUTCOME OF PLAINTIFF’S SECOND APPLICATION FOR A CONCEALED WEAPONS PERMIT AS SOON AS A DECISION HAS BEEN RENDERED ON THE SECOND APPLICATION # 126 . [See document for details.] |
| 1/5/2015 | Plaintiff | Supplemental Declaration of Plaintiff In Support of Motion for Summary Judgment and In Opposition to Motion to Dismiss |
| 10/31/2014 | Defendant | Defendant’s Response to the Court’s Order re Standard of Scrutiny |
| 10/6/2014 | Court | SCHEDULING NOTICE NOTICE by Magistrate Judge John E. McDermott re: MOTION for Order for Show Cause why the Court should not Order Defendant to Process and Render a Decision on Plaintiffs Application consistent with the Courts’ prior Rulings within 15 days of Issuance 118 . Hearing set for October 14, 2014 at 10:00 a.m. is hereby vacated. Ruling to follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| 10/4/2014 | Plaintiff | Response to Court Regarding Level of Scrutiny |
| 10/2/2014 | Court | Civil Minutes (In Chambers) Order re Defendants Objections to Magistrate Judge Report and Recommendations Docket Nos. 119 |
| 10/2/2014 | Court | Civil Minutes (In Chambers) Order re Request for Order Compelling Defendant to Show Cause |
| 9/24/2014 | Plaintiff | Response to Objections |
| 9/23/2014 | Defendant | Defendant’s Objections to Magistrate Judge John E. McDermott’s Report and Recommendations |
| 9/15/2014 | Plaintiff | Request for Order Compelling Defendant to Show Cause as to Why he Will Not Accept and Process Plaintiffs CCW Application |
| 9/8/2014 | Court | Civil Minutes (In Chambers) Order re Docket Nos. 115 and 116 |
| 9/5/2014 | Court | [STRICKEN PER ORDER DATED 9/8/14] Amendment to REQUEST for Order for to show cause regarding a decision on Plantiffs application for a permit to carry a concealed weapon and notice of acceptance of Magistrates’ Report and Recomendations 115 filed by Plaintiff Jonathan Birdt. (Attachments: # 1 Exhibit Emails and Application Received notice)(Birdt, Jonathan) Modified on 9/8/2014 (san) |
| 9/3/2014 | Court | [STRICKEN PER ORDER DATED 9/8/14] REQUEST for Order for to show cause regarding a decision on Plantiffs application for a permit to carry a concealed weapon and notice of acceptance of Magistrates’ Report and Recomendations filed by Plaintiff Jonathan Birdt. (Birdt, Jonathan) Modified on 9/8/2014 (san). |
| 9/3/2014 | Court | Notice of Filing Magistrate Judge’s Report and Recommendation |
| 9/3/2014 | Court | Report and Recommendation of United States Magistrate Judge |
| 8/25/2014 | Plaintiff | Notice of Supplemental Authority Regarding Pending Motion for Summary and Judgment and Motion to Dismiss |
| 8/25/2014 | Plaintiff | Notice of Supplemental Authority Regarding Pending Motion for Summary and Judgment and Motion to Dismiss |
| 8/19/2014 | Court | SCHEDULING NOTICE by Magistrate Judge John E. McDermott re: MOTION to Dismiss (Entered: 08/19/2014) |
| 8/14/2014 | Defendant | Declaration of Algeria R. Ford in Support of Request for Judicial Notice |
| 8/14/2014 | Defendant | Request to Take Judicial Notice (In Support of Defendant’s F.R.C.P. Rule 12(b)(6) Motion to Dismiss and Defendant’s Opposition |
| 8/8/2014 | Court | Minute Order (In Chambers) Order re Docket Nos. 74, 90 and 92 |
| 8/4/2014 | Court | SCHEDULING NOTICE NOTICE by Magistrate Judge John E. McDermott re MOTION for Summary Judgment as to Plaintiffs’ Second Amended Complaint 90 . The hearing is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| 7/28/2014 | Court | Response by Court to Notice to Filer of Deficiencies in Electronically Filed Documents___ |
| 7/28/2014 | Court | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 96 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl) |
| 7/28/2014 | Court | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 95 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl) |
| 7/28/2014 | Court | Response by Court to Notice to Filer of Deficiencies in Electronically Filed Documents__ |
| 7/28/2014 | Court | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) 94 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl) |
| 7/28/2014 | Court | Response by Court to Notice to Filer of Deficiencies in Electronically Filed Documents |
| 7/28/2014 | Court | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Lodging 93 . The following error(s) was found: Document linked incorrectly to the wrong document or docket entry. Other error(s) with document(s): Document should be attached to Motion to Dismiss Second Amended Complaint (Dkt. 92 ). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. |
| 7/22/2014 | Plaintiff | Reply re Motion for Summary Judgment |
| 7/22/2014 | Plaintiff | Opposition to Motion to Dismiss |
| 7/22/2014 | Defendant | Supplement to Separate Statement of Uncontroverted Facts and Conclusions of Law |
| 7/22/2014 | Defendant | Supplement to Notice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law_ |
| 7/22/2014 | Defendant | Separate Statement of Uncontroverted Facts and Conclusions of Law |
| 7/22/2014 | Defendant | Notice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law |
| 7/22/2014 | Defendant | Declaration of Sarah Hendrix |
| 7/22/2014 | Defendant | Declaration of Algeria R. Ford In Support of Opposition to Plaintiffs Motion for Summary Judgment |
| 7/22/2014 | Defendant | Defendants Opposition to Plaintiffs Motion for Summary Judgment; Memorandum of Points and Authorities |
| 7/22/2014 | Defendant | Defendants Notice of Lodging Proposed Order for 12(b)(6) Motion |
| 7/22/2014 | Defendant | Notice of Motion and Motion to Dismiss Second Amended Complaint; Memorandum of Points and Authorities in Support Thereof |
| 7/2/2014 | Plaintiff | Proof of Service for Defendant John McMahon |
| 6/30/2014 | Plaintiff | Motion for Summary Judgment; Declaration re Facts and Compliance with Local Rules |
| 6/30/2014 | Plaintiff | Summons In A Civil Action to Second Amended Complaint |
| 6/26/2014 | Plaintiff | Second Amended Complaint for Second Amendment Violations |
| 6/26/2014 | Court | Civil Minutes (In Chambers) Order re Docket Nos. 75, 79, and 82 |
| 6/24/2014 | Court | NOTICE OF CLERICAL ERROR: Due to clerical error Notice is given that the docket entry 81 (IN CHAMBERS) ORDER filed on 06/19/2014 is a duplicate entry to docket number 80 . (es) |
| 6/24/2014 | Defendant | Answer to First Amended Complaint; Demand for Jury Trial |
| 6/24/2014 | Court | Response by the Court to Notice to Filer of Deficiencies in E-Filed Documents |
| 6/24/2014 | Court | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (non-motion), 82 . The following error(s) was found: Case number is incorrect or missing. Other error(s) with document(s): The case number should include Judge McDermott’s initials (JEM). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kl) (Entered: 06/24/2014) |
| 6/24/2014 | Plaintiff | Response to Order to Show Cause |
| 6/19/2014 | Court | Minute Order re Setting Deadline for Defendant to Comply with Court Order to Serve Plaintiff’s Application File for A Concealed Weapon Carry Permit |
| 6/19/2014 | Court | Minute Order re Setting Deadline for Defendant to Comply with Court Order |
| 6/18/2014 | Plaintiff | Request for Order of Substitution Pursuant to Rule 17(d) |
| 6/18/2014 | Plaintiff | Supplemental Notice of Continued Failure to Comply with Court Order |
| 6/18/2014 | Plaintiff | Notice of Continued Failure to Comply with Court Order |
| 6/16/2014 | Plaintiff | Reply re Request for Order |
| 6/13/2014 | Plaintiff | Request for Order in Response to OSC and Ruling on Motion to Seal |
| 6/11/2014 | Court | Minute Order (In Chambers) Order re Defendant’s Application to Seal Documents |
| 6/11/2014 | Court | Minute Order (In Chambers) Order to Show Cause Why Plaintiffs 1st Amended Complaint Should Not Be Dismissed |
| 6/11/2014 | Court | Notice of Clerical Error re Order Accepting Findings and Recommendations |
| 6/9/2014 | Court | Order Accepting Findings and Recommendations of United States Magistrate Judge |
| 6/9/2014 | Court | Order Accepting Findings and Recommendations of United States Magistrate Judge |
| 6/4/2014 | Plaintiff | Opposition to Request to Seal Records |
| 6/4/2014 | Defendant | Defendant’s Application to Seal Documents |
| 6/4/2014 | Court | Minute Order (In Chambers) Order re Defendant San Bernardino Sheriff’s Department’s Ex Parte Application for Protective Order |
| 6/4/2014 | Defendant | Objection to Manual Filing and Notice to Court |
| 6/2/2014 | Defendant | Defendant’s Response to Court’s Order |
| 6/2/2014 | Plaintiff | Notice of Manual Filing of Jonathan Birdt’s CCW License File |
| 5/29/2014 | Court | Minute Order (In Chambers) Order re Defendant San Bernardino Sheriff’s ExParte Application for Protective Order for Confidential Documents |
| 5/27/2014 | Plaintiff | Opposition to ExParte Application for Protective Order |
| 5/27/2014 | Defendant | Notice of Lodging [Proposed] Order re Ex Parte Application |
| 5/27/2014 | Defendant | Defendant’s Ex Parte Application for Protective Order |
| 5/23/2014 | Plaintiff | Declaration of Plaintiff Regarding OSC |
| 5/23/2014 | Court | Minute Order re (In Chambers) Order re Plaintiff’s Application for A Concealed Weapon Permit |
| 5/21/2014 | Court | SCHEDULING NOTICE by Magistrate Judge John E. Mc Dermott re: MOTION for Summary Judgment as to Plaintiffs’ First Amended Complaint 44. Hearing is hereby vacated. Ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| 5/20/2014 | Plaintiff | Second Amended Notice re Motion for Summary Judgment Hearing Time and Location |
| 5/20/2014 | Plaintiff | Notice Changing Hearing Date for Motion for Summary Judgment |
| 5/20/2014 | Court | Minute Order re (In Chambers) Order Plaintiff’s Motion for Summary Judgment (Docket No. 44) |
| 5/19/2014 | Plaintiff | Reply re Motion for Summary Judgment |
| 5/19/2014 | Defendant | Notice of Lodging [Proposed] Order Denying Plaintiff’s Motion for Summary Judgment |
| 5/19/2014 | Defendant | Declaration of Algeria R. Ford in Support of Opposition to Plaintiff’s Motion for Summary Judgment |
| 5/19/2014 | Defendant | Sheriffs Dept._Separate Statement of Uncontroverted Facts and Conclusions of Law |
| 5/19/2014 | Defendant | Notice of Lodging Separate Statement of Uncontroverted Facts and Conclusions of Law |
| 5/19/2014 | Defendant | Defendant’s Opposition to Plaintiff’s Motion for Summary Judgment; Memorandum of Points and Authorities |
| 5/13/2014 | Court | Amended Minute Order re Plaintiff’s Application for a Concealed Weapon Permit and Order to Show Cause with Regard to Defendant’s Motion to Dismiss |
| 5/12/2014 | Plaintiff | Acceptance of Magistrates Report and Recommendations |
| 5/12/2014 | Court | Minute Order re Plaintiff’s Application File for a Concealed Weapon Permit and Order to Show Cause |
| 5/12/2014 | Court | Report and Recommendation of United States Magistrate Judge |
| 5/12/2014 | Court | Notice of Filing of Magistrate Judge’s Report and Recommendation |
| 5/7/2014 | Plaintiff | Motion for Summary Judgment Declaration re Facts and Compliance with Local Rules |
| 5/7/2014 | Plaintiff | Request for Ruling Pursuant to L.R. 83-9.2 |
| 4/4/2014 | Court | Minute Order Denying Motion for Preliminary Injunction |
| 3/20/2014 | Plaintiff | Plaintiff’s Opposition re Motion for Preliminary Injunction |
| 3/19/2014 | Defendant | Declaration of Alegria Ford |
| 3/19/2014 | Defendant | Opposition to Plaintiff’s Motion for Preliminary Injunction Requiring The Sheriff to Show Cause |
| 3/12/2014 | Plaintiff | Response By The Court to Notice to Filer of Deficiencies in Electronically Filed Documents |
| 3/12/2014 | Court | Notice to Filer of Deficiencies in Electronically Filed Documents |
| 3/11/2014 | Plaintiff | Plaintiff’s Motion for Preliminary Injunction Requiring the Sheriff to Show Cause |
| 2/26/2014 | Plaintiff | Plaintiff’s Reply re Ex Parte Application for Temporary Restraining Order |
| 2/25/2014 | Court | Minute Order Denying Plaintiffs Ex Parte Application for Temporary Restraining Order |
| 2/25/2014 | Defendant | Opposition to Plaintiff’s Ex Parte Application for Temporary Restraining Order and to Set Hearing on a Preliminary Injunction; Declaration of S. Hendrix |
| 2/24/2014 | Plaintiff | Plaintiff’s Ex Parte Application for Temporary Restraining Order and to Set Hearing on a Preliminary Injunction Requiring the Sheriff to Show Cause |
| 1/2/2014 | Plaintiff | Notice of Supplemental Authorities re Chovan and Silvester |
| 1/2/2014 | Court | SCHEDULING NOTICE by Magistrate Judge John E. McDermott re MOTION to Dismiss First Amended Complaint Pursuant to F.R.C.P. Rule 12(b)(6) 25 . The hearing set for January 7, 2014 is hereby vacated. A ruling will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (san) TEXT ONLY ENTRY |
| 12/23/2013 | Defendant | Notice of Appearance or Withdrawal of Counsel for Attorney Alegria R. Ford |
| 12/23/2013 | Defendant | Notice of Appearance or Withdrawal of Counsel for Attorney Paymon Z. Bidari |
| 12/5/2013 | Defendant | Reply to Opposition to Motion to Dismiss First Amended Complaint |
| 11/8/2013 | Plaintiff | Opposition to Motion to Dismiss |
| 11/8/2013 | Defendant | Notice of Motion and Motion to Dismiss First Amended Complaint Pursuant to F.R.C.P. 12(b)(6) |
| 11/5/2013 | Plaintiff | Summons In A Civil Action |
| 11/5/2013 | Plaintiff | First Amended Complaint for Second Amendment Violation |
| 11/5/2013 | Court | Minute Order re Filing of Amended Complaint |
| 10/31/2013 | Court | Order Accepting Findings and Recommendations of United States Magistrate Judge |
| 10/22/2013 | Plaintiff | Notice of Manual Filing of First Amended Complaint |
| 9/30/2013 | Court | Report and Recommendation of United States Magistrate Judge |
| 9/30/2013 | Court | Notice of Filing Magistrate Judge’s Report and Recommendation |
| 9/4/2013 | Plaintiff | Request for Ruling Pursuant to L.R. 83 – 9.2 and Notice of Refusal of Defendant to Comply with Duty to Jointly File Pursuant to Local Rules |
| 5/6/2013 | Court | TEXT ONLY ENTRY by Magistrate Judge John E. McDermott, Defendant’s Motion to Dismiss previously scheduled for June 11, 2013 10:00 a.m. has been VACATED. Oral argument is not required a written ruling will issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| 5/6/2013 | Plaintiff | Response to Notice of Related Cases |
| 5/6/2013 | Plaintiff | Opposition to Amended Motion to Dismiss |
| 5/1/2013 | Defendant | Reply to Opposition to Motion to Dismiss |
| 4/30/2013 | Defendant | Notice of Errata as to Motion to Dismiss |
| 4/30/2013 | Defendant | Amended Notice of Motion to Dismiss |
| 4/29/2013 | Plaintiff | Opposition to Motion to Dismiss |
| 4/26/2013 | Defendant | Request to Take Judicial Notice In Support of F.R.C.P. Rule 12(b)(6) |
| 4/26/2013 | Defendant | Defendants Certificate of Interested Parties |
| 4/26/2013 | Defendant | Notice of Related Case |
| 4/26/2013 | Defendant | Notice of Motion and Motion to Dismiss Pursuant to F.R.C.P. Rule 12(b)(6) |
| 4/18/2013 | Court | Notice of Reference to A United States Magistrate Judge |
| 4/16/2013 | Court | Standing Order |
| 4/12/2013 | Court | Notice to Parties of Court-Directed ADR Program |
| 4/12/2013 | Plaintiff | Certification and Notice of Interested Parties |
| 4/12/2013 | Court | 21 DAY Summons Issued re Complaint – (Discovery) 1 as to Defendant San Bernardino Sheriffs Department. (adu) |
| 4/12/2013 | Plaintiff | Complaint for Second Amendment Violation – 42 U.S.C. Section 1983 |