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Brandy-Martinez v. Villanueva
Adam Brandy, Daemion Garr, DG2A Enterprises Inc., d.b.a. Gun World, Second Amendment Foundation, California Gun Rights Foundation, National Rifle Association of America, and Firearms Policy Coalition, Inc. v. Alex Villanueva, Gavin Newsom, Sonia Y. Angell, Barbara Ferrer, and County of Los Angeles
Central District Court Case No.: 2:20-cv-02874
Ninth Circuit Court of Appeals Case No.: 20-56233
| U.S. District Court, Central District |
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| Filing Date | Filing Party | Document Description |
| 6/16/2023 | Court | MINUTES OF Scheduling Conference (Video Conference- Zoom) held before Judge Andre Birotte Jr. Court and counsel confer. For the reasons stated on the record, the Court vacates the Scheduling Conference. The parties are ordered to file a Status Report on or before December 15, 2023, regarding the status of the settlement. |
| 5/23/2023 | Court | MINUTES OF Scheduling Conference (Video Conference – Zoom) held before Judge Andre Birotte Jr.: Court and counsel confer. For the reasons stated on the record, the Court continues the matter to 6/16/2023 at 10:00 AM before Judge Andre Birotte Jr. Court Reporter: Miranda Algorri. |
| 5/17/2023 | Court | (IN CHAMBERS) ORDER CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. This Court, on its own motion, hereby continues the Scheduling Conference from May 19, 2023, to May 23, 2023, at 11:00 AM before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. |
| 5/5/2023 | Plaintiff | Parties’ Joint Rule 26(f) Report |
| 4/17/2023 | Court | (IN CHAMBERS) ORDER by Judge Andre Birotte Jr.: The parties submitted a Joint Rule 26(f) Report on September 18, 2020. (See Dkt. No. 62.) On October 20, 2020, the Court granted Defendants’ Motion for Judgment on the Pleadings, (see Dkt. No. 68), and the Court entered Judgment for Defendants on November 9, 2020. (See Dkt. No. 70.) The Ninth Circuit Court of Appeals vacated this Court’s Judgment on July 6, 2022, (see Dkt. No. 75), and after the parties stipulated to an extension, this Court set a scheduling conference for April 21, 2023. (See Dkt. No. 83.) Because the dates submitted in the parties September 18, 2020 26(f) Report have passed, the parties are ORDERED to file a new Joint Rule 26(f) Report on or before May 5, 2023. The Scheduling Conference set for April 21, 2023 is VACATED. The parties shall appear for a Scheduling Conference on May 19, 2023 at 10:00 a.m. before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY |
| 3/13/2023 | Court | Order Continuing Scheduling Conference |
| 3/8/2023 | Defendant | Joint Stipulation to Continue Scheduling Conference |
| 11/30/2022 | Court | Order Granting Stipulation to Extend Time for Completion of Mediation and Date of Scheduling Conference |
| 11/29/2022 | All Parties | Joint Stipulation to Extend Time for Completion of Mediation and Date of Scheduling Conference |
| 8/26/2022 | Court | Order Setting Scheduling Conference |
| 8/26/2022 | Court | Order Setting Aside Judgment |
| 8/23/2022 | All Parties | Joint Status Report |
| U.S. Court of Appeals for the Ninth Circuit |
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| Filing Date | Filing Party | Document Description |
| 7/6/2022 | Court | Order Vacating and Remanding |
| 6/30/2022 | Defendants | Defendants’ Motion for Issuance of Remand and Mandate |
| 3/14/2022 | Court | Docket Text: Filed text clerk order (Deputy Clerk: OC): The motion to stay the mandate , is granted. |
| 3/10/2022 | Defendants | Defendants’ Motion for Temporary Stay of Mandate |
| 2/17/2022 | Court | Docket Text: Filed text clerk order (Deputy Clerk: AF): Appellees’ motion for a 14-day extension for filing a petition for panel or en banc rehearing, Dkt. , is granted. |
| 2/15/2022 | Appellees | Motion for Second Extension to File Petition for Rehearing |
| 1/31/2022 | Court | Docket Text: Filed text clerk order (Deputy Clerk: OC): Appellees’ motion for a 14-day extension for filing a petition for panel or en banc rehearing , is granted. |
| 1/28/2022 | Appellees | Motion for Extension to File Petition for Rehearing |
| 1/20/2022 | Court | Final Memorandum |
| 12/8/2021 | Appellants | Appellants’ Response to Appellees’ Citation of Supplemental Authorities |
| 12/3/2021 | Appellees | Appellees’ Citation of Supplemental Authorities |
| 10/19/2021 | 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/ |
| 10/18/2021 | Court | Docket Text: ARGUED AND SUBMITTED TO ANDREW J. KLEINFELD, RYAN D. NELSON and LAWRENCE VANDYKE. |
| 9/28/2021 | Appellants | Notice of Supplemental Authorities |
| 9/27/2021 | Appellees | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Paul B. Beach, Esquire for Appellees County of Los Angeles, Barbara Ferrer and Alex Villanueva. Hearing in Pasadena on 10/18/2021 at 09:00 A.M. (Courtroom: 3). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/27/2021. |
| 9/21/2021 | Appellants | Docket Text: Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Raymond Mark DiGuiseppe, Esquire for Appellants A Place to Shoot, Inc., California Gun Rights Foundation, Firearms Policy Coalition, Inc., Alan Kushner, Jonah Martinez, Jason Montes, National Rifle Association of America, Second Amendment Foundation, The Target Range, Tom Watt and Weyland-Yutani LLC. Hearing in Pasadena on 10/18/2021 at 09:00 A.M. (Courtroom: Courtroom 3). Filer sharing argument time: No. (Argument minutes: 10.) Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 09/21/2021. |
| 8/9/2021 | Court | Notice of Related Cases regarding McDougall v. County of Ventura |
| 8/8/2021 | Court | Docket Text: Notice of Oral Argument on Monday, October 18, 2021 – 09:00 A.M. – Courtroom 3 – Scheduled Location: Pasadena CA.The hearing time is the local time zone at the scheduled hearing location.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, you will have the option to appear in person at the Courthouse or remotely by video. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk’s Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance.Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so.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, October 18, 2021. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. |
| 6/11/2021 | Appellees | Response to Notice of Oral Argument |
| 6/8/2021 | Court | Docket Text: This case is being considered for an upcoming oral argument calendar in Pasadena. Please review the Pasadena sitting dates for October 2021 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). |
| 5/26/2021 | Appellants | Appellants’ Reply Brief |
| 5/5/2021 | Appellees | Appellees’ Answering Brief |
| 3/25/2021 | Court | Docket Text: Streamlined request [18] by Appellees County of Los Angeles, Barbara Ferrer and Alex Villanueva to extend time to file the brief is approved. Amended briefing schedule: Appellees County of Los Angeles, Barbara Ferrer and Alex Villanueva answering brief due 05/05/2021. The optional reply brief is due 21 days from the date of service of the answering brief. |
| 3/25/2021 | Court | Docket Text: Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellees County of Los Angeles, Barbara Ferrer and Alex Villanueva. New requested due date is 05/05/2021. |
| 3/11/2021 | Court | Docket Text: Received 6 paper copies of Opening Brief filed by Appellants. |
| 3/11/2021 | Court | Docket Text: Received 3 paper copies of excerpts of record in 1 volume(s) filed by Appellants. |
| 3/8/2021 | Court | Order requesting paper copies of Opening Brief |
| 3/4/2021 | Appellants | Opening Brief |
| 3/3/2021 | Appellants | Docket Text: Filed (ECF) notice of appearance of Joseph G.S. Greenlee (Firearms Policy Coalition 1215 K Street, 17th Floor Sacramento, CA 95814) for Appellants A Place to Shoot, Inc., California Gun Rights Foundation, Firearms Policy Coalitions, Inc., Alan Kushner, Jonah Martinez, Jason Montes, National Rifle Association of America, Second Amendment Foundation, The Target Range, Tom Watt and Weyland-Yutani LLC. Date of service: 03/03/2021. (Party was previously proceeding with counsel.) |
| 2/24/2021 | Appellants | Transcript Designation Form |
| 2/11/2021 | Court | Order Granting Extension to File Opening Brief |
| 2/11/2021 | Appellants | Unopposed Motion for Extension to File Opening Brief |
| 1/14/2021 | Court | Docket Text: Streamlined request [6] by Appellants A Place to Shoot, Inc., California Gun Rights Foundation, Firearms Policy Coalitions, Inc., Alan Kushner, Jonah Martinez, Jason Montes, National Rifle Association of America, Second Amendment Foundation, The Target Range, Tom Watt and Weyland-Yutani LLC to extend time to file the brief is approved. Amended briefing schedule: Appellants A Place to Shoot, Inc., California Gun Rights Foundation, Firearms Policy Coalitions, Inc., Alan Kushner, Jonah Martinez, Jason Montes, National Rifle Association of America, Second Amendment Foundation, The Target Range, Tom Watt and Weyland-Yutani LLC opening brief due 02/18/2021. Appellees County of Los Angeles, Barbara Ferrer and Alex Villanueva answering brief due 03/22/2021. The optional reply brief is due 21 days from the date of service of the answering brief. |
| 1/14/2021 | Appellants | Docket Text: Filed (ECF) Streamlined request for extension of time to file Opening Brief by Appellants A Place to Shoot, Inc., California Gun Rights Foundation, Firearms Policy Coalitions, Inc., Alan Kushner, Jonah Martinez, Jason Montes, National Rifle Association of America, Second Amendment Foundation, The Target Range, Tom Watt and Weyland-Yutani LLC. New requested due date is 02/18/2021. |
| 12/16/2020 | Court | Order Releasing Case from Mediation |
| 12/1/2020 | Court | Mediation Order |
| 11/27/2020 | Court | Docket Text: The Mediation Questionnaire for this case was filed on 11/27/2020.To submit pertinent confidential information directly to the Circuit Mediators, please use the following link.Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. |
| 11/27/2020 | Appellants | Mediation Questionnaire |
| 11/23/2020 | Court | Time Schedule Order |
| U.S. District Court, Central District |
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| Filing Date | Filing Party | Document Description |
| 7/19/2022 | Court | Order regarding Ninth Circuit Mandate |
| 2/24/2021 | Plaintiffs | Transcript Designation Form |
| 11/19/2020 | Plaintiffs | Notice of Appeal |
| 11/9/2020 | Court | Judgment |
| 10/21/2020 | Defendants | Notice of Lodging Proposed Judgment |
| 10/20/2020 | Court | Order Granting Defendants’ Motion for Judgment on the Pleadings |
| 10/9/2020 | Defendants | Defendants’ Supplemental Request for Judicial Notice in Support of Motion for Judgment on the Pleadings |
| 10/1/2020 | Court | Docket Text: ORDER TAKING SCHEDULING CONFERENCE AND DEFENDANTS COUNTY OF LOS ANGELES, SHERIFF ALEX VILLANUEVA AND BARBARA FERRER’S MOTION FOR JUDGMENT ON THE PLEADINGS 56 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on October 2, 2020,has been taken under submission and off its motion calendar. No appearance by counsel is necessary. The Scheduling Conference is also taken under submission. |
| 9/29/2020 | Plaintiffs | Plaintiffs’ Request for Judicial Notice in Support of Opposition to Defendants’ Motion for Judgment on the Pleadings |
| 9/18/2020 | Defendants | Defendants’ Reply to Opposition to Motion for Judgment on the Pleadings |
| 9/18/2020 | All Parties | Joint Rule 26(f) Report |
| 8/28/2020 | Court | Order Continuing Hearing on County Defendants’ Motion for Judgment on the Pleadings and Scheduling Conference |
| 8/28/2020 | Plaintiffs | Plaintiffs’ Opposition to County Defendants’ Motion for Judgment on the Pleadings |
| 8/25/2020 | All Parties | Stipulation Continuing Hearing on County Defendants’ Motion for Judgment on the Pleadings and Scheduling Conference |
| 8/25/2020 | Court | Docket Text: ORDER by Judge Andre Birotte Jr. In light of the recently filed Notice of Dismissal (Dkt. No. 54), the City Defendants’ Motion to Dismiss (Dkt. No. 46) is denied as moot. The Court’s Order at docket entry 55 is stricken. |
| 8/21/2020 | Defendants | Defendants’ Notice of Motion and Motion for Judgment on the Pleadings
Exhibit A to Motion for Judgment on the Pleadings Exhibit 1 to Request for Judicial Notice Exhibit 2 to Request for Judicial Notice Exhibit 3 to Request for Judicial Notice Exhibit 4 to Request for Judicial Notice Exhibit 5 to Request for Judicial Notice Exhibit 6 to Request for Judicial Notice Exhibit 7 to Request for Judicial Notice Exhibit 8 to Request for Judicial Notice Exhibit 9 to Request for Judicial Notice |
| 8/13/2020 | Court | Docket Text: (IN CHAMBERS) CONTINUING CITY DEFENDANTS’ MOTION TO DISMISS 46 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from August 21, 2020 to September 18, 2020 at 10:00 AM before Judge Andre Birotte Jr. IT IS SO ORDERED. |
| 7/8/2020 | Plaintiffs | Plaintiffs’ Notice of Voluntary Dismissal of Defendants Eric Garcetti and the City of Los Angeles |
| 7/8/2020 | Plaintiffs | Plaintiffs’ Notice of Voluntary Dismissal of Defendants Gavin Newsom and Sonia Y. Angell |
| 7/6/2020 | Plaintiffs | Plaintiffs’ Notice of Voluntary Dismissal of Defendants Justin Hess and City of Burbank, California |
| 7/2/2020 | Court | Order Granting State Defendants’ Ex Parte Application to Extend Time to Respond to First Amended Complaint |
| 6/26/2020 | Defendants | State Defendants’ Ex Parte Application to Extend Time to Respond to First Amended Complaint |
| 6/25/2020 | Court | Order Setting Scheduling Conference |
| 6/24/2020 | Defendants | City Defendants’ Notice of Motion and Motion to Dismiss
Request for Judicial Notice in Support of City Defendants’ Motion to Dismiss |
| 6/24/2020 | Defendants | Defendants County of Los Angeles, Sheriff Alex Villanueva, and Barbara Ferrer’s Answer to First Amended Complaint |
| 5/26/2020 | Court | Order Extending State Defendants’ Time to Respond to First Amended Complaint |
| 5/26/2020 | Court | Order Granting Extension of Time to Respond to First Amended Complaint |
| 5/25/2020 | All Parties | Second Stipulation to Extend State Defendants’ Time to Respond to First Amended Complaint
Proposed Order Extending State Defendants’ Time to Respond to First Amended Complaint |
| 5/22/2020 | Court | Order Extending Defendant City of Los Angeles’s Time to Respond to First Amended Complaint |
| 5/22/2020 | All Parties | Stipulation to Extend Time to Respond to First Amended Complaint
Proposed Order Granting Extension of Time to Respond to First Amended Complaint |
| 5/21/2020 | All Parties | Stipulation to Extend Time to Respond to Initial Complaint
Proposed Order Extending Defendant City of Los Angeles’s Time to Respond to Complaint |
| 4/29/2020 | Court | Order Granting Extension to County Defendants to Respond to First Amended Complaint |
| 4/28/2020 | Court | Order Extending City Defendants’ Time to Respond to First Amended Complaint |
| 4/27/2020 | All Parties | Stipulation to Extend County Defendants’ Time to Respond to First Amended Complaint
Proposed Order Granting Extension to County Defendants to Respond to First Amended Complaint |
| 4/27/2020 | All Parties | Stipulation to Extend City Defendants’ Time to Respond to First Amended Complaint
Proposed Order Extending City Defendants’ Time to Respond to First Amended Complaint |
| 4/20/2020 | Court | Order Extending State Defendants’ Time to Respond to First Amended Complaint |
| 4/17/2020 | All Parties | Stipulation to Extend State Defendants’ Time to Respond to First Amended Complaint
Proposed Order Extending State Defendants’ Time to Respond to First Amended Complaint |
| 4/10/2020 | Court | Order re Plaintiffs’ Motion for Withdrawal of One Attorney of Record |
| 4/9/2020 | Plaintiffs | Plaintiffs’ Notice of Motion and Motion for Withdrawal of One Attorney of Record
Proposed Order for Plaintiffs’ Motion for Withdrawal of One Attorney of Record |
| 4/6/2020 | Court | Order Denying Plaintiffs’ Application for Temporary Restraining Order |
| 4/6/2020 | Plaintiffs | Plaintiffs’ Reply in Support of Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 4/3/2020 | Defendants | Notice of Appearance of Counsel Jin S. Choi for Specially Appearing Defendants County of Los Angeles, Sheriff Alex Villanueva, and Barbara Ferrer |
| 4/3/2020 | Defendants | Specially Appearing Defendants County of Los Angeles, Sheriff Alex Villanueva, and Barbara Ferrer’s Notice of Interested Parties |
| 4/3/2020 | Defendants | State Defendants’ Opposition to Plaintiffs’ Ex Parte Application for Temporary Restraining Order and Order to Show Cause |
| 4/3/2020 | Defendants | Specially Appearing Defendants County of Los Angeles, Sheriff Alex Villanueva, and Barbara Ferrer’s Opposition to Plaintiffs’ Ex Parte Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 4/3/2020 | Defendants | City Defendants’ Opposition to Plaintiffs’ Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 4/1/2020 | Plaintiffs | Supplemental Declaration of Alan Kushner in Support of Plaintiffs’ Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 4/1/2020 | Plaintiffs | Supplemental Declaration of Counsel re Status of Service and Notice to Defendants of Plaintiffs’ Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 4/1/2020 | Court | Docket Text: ORDER by Judge Andre Birotte Jr. Defendants Alex Villanueva, Gavin Newsom, Sonia Y. Angell, Barbara Ferrer, County of Los Angeles, Eric Garcetti, City of Los Angeles, Justin Hess, and City of Burbank (“Defendants”) are ORDERED to file a response to Plaintiffs’ ex parte application for a Temporary Restraining Order on or before 5:00pm Friday, April 3, 2020. IT IS SO ORDERED. |
| 3/30/2020 | Plaintiffs | Plaintiffs’ Application for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue |
| 3/30/2020 | Court | Standing Order |
| 3/29/2020 | Plaintiffs | Amended Notice of Interested Parties and Corporate Disclosure Statement |
| 3/29/2020 | Plaintiffs | First Amended Complaint for Injunctive and Declaratory Relief |
| 3/27/2020 | Court | Issued Summons |
| 3/27/2020 | Court | Notice of Court-Directed ADR Program |
| 3/27/2020 | Court | Notice of Assignment to Judge Andre Birotte, Jr. |
| 3/27/2020 | Plaintiffs | Notice of Interested Parties and Corporate Disclosure Statement |
| 3/27/2020 | Plaintiffs | Request for Summons |
| 3/27/2020 | Plaintiffs | Civil Cover Sheet |
| 3/27/2020 | Plaintiffs | Complaint for Injunctive and Declaratory Relief |